California Criminal Defense Lawyers – Motion to Suppress Evidence

A California Criminal Defense Lawyer who is experienced in DUI and DWI defense typically use pretrial motions as part of a strategic effort to improve the client’s prospects in court. Motion to suppress evidence is a formal legal document that asks the court to take a particular action. Motions to suppress evidence, also called motions in limine, are among the most common motions introduced in drinking and driving cases. The California Criminal Defense Lawyers at The Kavinoky Law Firm are skilled and have the experience needed to use pretrial motions to the accused motorist’s best advantage in a California DUI case.

Suppression motions in drunk driving cases typically question whether the arresting officer had probable cause to make a traffic stop or an arrest, the results of the chemical tests administered to determine blood alcohol content (BAC), or both.

Motions to suppress evidence in California that are centered on whether or not the arresting officer had probable cause to make a traffic stop typically focus on whether or not the officer had a reasonable belief that a crime was committed. If the motion to suppress is successful, evidence obtained because of an unlawful detention, arrest, or search are subject to being excluded at trial.

Any California Vehicle Code violation can establish probable cause for a traffic stop; however, the violation must occur in the officer’s presence. Police cannot stop a car just to determine whether the driver can produce a valid license and registration. Officers also cannot stop a vehicle in anticipation of finding a vehicle code violation or other contraband, such as drugs, when no actual probable cause was present before the stop.

In some California DUI cases, a driving under the influence arrest can stem from an anonymous tip made by a third party. Police can only make an arrest for DUI / DWI after an anonymous tip if an officer witnesses behavior that provides a reasonable suspicion that the driver is intoxicated. If the traffic stop was based solely on a third-party tip, the arrest was invalid, and any evidence gathered must be excluded.

Motions to suppress the results of chemical tests typically center on whether the test was conducted correctly. If the strict requirements governing the administration of chemical tests in California weren’t followed, the evidence may be suppressed. If this evidence is excluded, additional information gathered as a result of the test also would be suppressed, such as observations of signs and symptoms of intoxication. A motion to suppress can be brought on several different grounds.

The evidence that prosecutors seek to introduce in California DUI / DWI cases isn’t automatically admissible – it must meet strict legal requirements to be used at trial. A California defense lawyer who focuses on drunk driving cases will use proven strategies to challenge evidence in a drunk driving case and improve an accused motorist’s prospects at trial.

Superior Court Of California, County of San Francisco

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Civic Center Court House
400 McAllister Street, San Francisco, CA 94102

Hall of Justice
850 Bryant Street, San Francisco, CA 94103

» San Francisco County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A San Francisco DUI attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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Superior Court Of California, County of Sierra

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Sierra County Superior Court
100 Courthouse Square, Downieville, CA 95936

Loyalton Courthouse
604B Main Street, Loyalton, CA 96118

» Sierra County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

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Physical signs and symptoms of marijuana use

Driving under the influence of marijuana is not as easily detectable as driving under the influence of alcohol. Alcohol consumption, in quantities large enough to cause impairment, produces obvious physical signs and symptoms in an individual, whereas marijuana use isn’t quite as recognizable. There are, however, certain physical characteristics that are associated with marijuana use that a trained officer may look for when conducting this type of investigation. Hiring a skilled California DUI attorney who knows how to effectively challenge this type of physical evidence is the best defense that the accused can employ.

Red eyes, the odor of marijuana on one’s person or emanating from one’s breath, an increased appetite and dry mouth are among the most common physical symptoms of marijuana use. Anyone familiar with the effects of marijuana may recognize these signs when trying to determine if another has been smoking or otherwise using this drug. In addition to these, there are other physical signs and symptoms that an officer will look for if he or she suspects that a driver may be under the influence of marijuana. If the officer has been qualified as a drug recognition expert (a.k.a. a DRE), he or she will look for more specific signs that may go unnoticed by an individual who hasn’t received training on the effects that marijuana has on one’s body.

In addition to those symptoms noted above, an individual who has used marijuana may also noticeably display debris of marijuana in his or her mouth, body tremors and eyelid tremors. He or she may appear to be relaxed (or in some cases just the opposite – paranoid and/or anxious), less inhibited, disoriented and/or may suffer from a lapse in short term memory and have difficulty judging time and distance.

If called to the scene, a DRE will ask a series of questions (designed to elicit incriminating statements) conduct a series of tests (some will be field sobriety tests – FSTs- that the investigating officer already conducted) and will make certain observations about the driver’s body. The DRE officer will observe the suspect’s eyes, checking for pupil size (use usually produces dilation) and horizontal gaze nystagmus and vertical nystagmus, neither of which should be present if marijuana was used. He or she will measure the suspect’s blood pressure and pulse, both of which would likely be elevated if the accused used marijuana. The officer will also look at the driver’s muscle tone, which would appear normal even if marijuana had been used.

Balance and coordination are also analyzed by the officer while the accused performs the field sobriety tests. When evaluating these “tests,” the officer is looking for anything indicative of use, which might be slower reaction time and a difficulty following directions. The attitude of the suspect is also closely examined.

Physical signs and symptoms of marijuana use are plentiful, but not always accurate. An experienced criminal defense lawyer who specializes in driving under the influence of drugs (DUID) knows that there are always conditions unrelated to drugs or alcohol that can legitimately explain the signs and symptoms that an officer may observe and link to impairment. Illness, fatigue, allergies and nerves can all affect one’s physical appearance and one’s balance and coordination. A good defense attorney will try to convince the judge and jury that the officer conducted a biased investigation, only gathering evidence that pointed to the driver’s guilt, dismissing any evidence that pointed to his or her innocence. In addition, a practiced attorney knows that the issue isn’t whether the accused used marijuana, but whether he or she was under its influence. It is the in-depth knowledge about these types of defenses and strategies that necessitates an attorney who focuses on California D.U.I. defense. The outstanding attorneys at The Kavinoky Law Firm do just that and have the results to prove it. They are dedicated to protecting their clients from the devastating penalties that are often imposed in connection with driving under the influence. Contact them today for a free consultation and for unsurpassed representation.

California Vehicle Code VC 13351 – Additional Required Revocations

13351. (a) The department immediately shall revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses:

1. Manslaughter resulting from the operation of a motor vehicle, except when convicted under paragraph (2) of subdivision (c) of Section 192 of the Penal Code.
2. Conviction of three or more violations of Section 20001, 20002, 23103, or 23104 within a period of 12 months from the time of the first offense to the third or subsequent offense, ora combination of three or more convictions of violations within the same period.
3. Violation of Section 191.5 of the Penal Code or of Section 2800.3 causing serious bodily injury resulting in a serious impairment of physical condition, including, but not limited to, loss of consciousness, concussion, serious bone fracture, protracted loss or impairment of function of any bodily member or organ, and serious disfigurement.

(b) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of three years after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility, as defined in Section 16430.

Amended Ch. 656, Stats. 1991. Effective January 1, 1992.
Amended Ch. 974, Stats. 1992. Effective September 28, 1992.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13353.5 – Restoration of Driving Privilege: Nonresidents

13353.5. (a) If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, 13352.6, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.

(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.

(c) For the purposes of this section, "state" includes a foreign province or country.

(d) This section shall become operative on September 20, 2005.

Amended Sec. 14, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 9, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13366 – Effective Date of Suspension or Revocation

13366. Whenever in this code the department is required to suspend or revoke the privilege of a person to operate a motor vehicle upon the conviction of such person of violating this code, such suspension or revocation shall begin upon a plea, finding or verdict of guilty.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23566 – Penalty: Third or Subsequent Conviction Within Ten Years

23566. (a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(b) If a person is convicted of a violation of Section 23153, and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years.

The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law.

(d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

(e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person’s confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 36, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1 1999.
Amended Sec. 32, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 17, Ch. 550, Stats. 2004. Effective January 1, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23610 – Blood-Alcohol Level: Presumptions Affecting Burden of Proof

23610. (a) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person while driving a vehicle while under the influence of an alcoholic beverage in violation of subdivision (a) of Section 23152 or subdivision (a) of Section 23153, the amount of alcohol in the person’s blood at the time of the test as shown by chemical analysis of that person’s blood, breath, or urine shall give rise to the following presumptions affecting the burden of proof:

1. If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.
2. If there was at that time 0.05 percent or more but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense.
3. If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense.

(b) Percent, by weight, of alcohol in the person’s blood shall be based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(c) This section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23562 – Conditions of Probation: Second Offense Within Ten Years

23562. If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:

1. Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
2. All of the following apply:
   1. Be confined in the county jail for at least 30 days, but not more than one year.
   2. Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000)
   3. The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550
   4. Either of the following:
      1. Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate.
      2. Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.
3. The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.
4. This section shall become operative on September 20, 2005.

Amended Sec. 4, Ch. 493, Stats. 1997. Effective January 1, 1998.
Amended Sec. 15, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23186 Sec. 22, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 31, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 22, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.