Category: Weapons Offenses

Weapons Offenses | No Cuffs

Hit-and-Run-Causing Death

Hit-and-Run-Causing Death

Drivers who leave the scene of an accident in California can face hit-and-run charges even if they are not at fault. The severity of the charges depends on many factors, such as whether the accident involved property damage, injury, or death. Regardless of the circumstances, hit-and-run is a very serious charge that requires expert legal representation. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run cases, and will work very hard to protect the accused driver’s rights and freedom.

California Hit and Run Law

Leaving the scene of a fatal accident is an extremely serious charge in California. A driver convicted of hit-and-run causing death faces from three months in county jail to up to four years in state prison. The driver also faces a fine of up to $10,000, a one-year driver’s license revocation, probation, and possible vehicle seizure.

In some cases, a driver involved in a fatal hit-and-run accident can face even more serious charges such as manslaughter or vehicular homicide. And if alcohol or drugs were involved, the driver may face an additional charge of DUI / DWI or driving under the influence of drugs.

However, a hit-and-run charge doesn’t equal an automatic conviction – far from it. There are many effective defenses to a charge of leaving the scene of an accident. It’s important to remember that the prosecutor is required to prove his or her case beyond a reasonable doubt in order to obtain a conviction. That means the prosecutor has the burden of convincing all 12 jurors of the driver’s guilt. The defense is under no burden to prove anything other than to prove the prosecution’s case is faulty.

Hit-and-run cases involving death are extremely complex and technical, and typically involve a great deal of physical evidence. In many cases, the assistance of an experienced accident reconstructionist can uncover evidence overlooked by police that can help the defendant’s case.

In some cases, the defense may be better off negotiating a plea bargain rather than taking a charge of leaving the scene of an accident to trial. Plea bargains sometimes offer a satisfactory resolution to a hit-and-run charge involving death. It may be possible for the driver to plead guilty in exchange for reduced charges and/or punishment. In some cases, alternative sentencing may be available that can reduce or even eliminate a jail sentence.

A California Defense Attorney is Vital

There are many viable criminal defense strategies to a California hit-and-run charge involving property damage, injury or death. The experienced Criminal Defense Lawyers of The Kavinoky Law Firm are skilled in every aspect of defending charges of leaving the scene of an accident, and will develop a proven defense strategy designed to safeguard the driver’s rights and minimize the consequences. Contact them today for a free consultation.

DUI Blood Sample Investigation & Evidence Testing

DUI blood sample investigation & evidence testing is a key strategic move in any criminal defense case.

DUI Blood Sample Investigations

Believe if or not, some criminal attorneys don’t include analysis of blood tests in their fees.

Going the extra mile to challenge prosecution evidence in a California DUI case is extremely important. A strong defense begins with lots hard work. It’s important to think through all of the possible things that could potentially be incorrect in your case. The Kavinoky Law Firm excels at defense. For example, if you took a blood test before your California DUI arrest, we will double check. Consequently, we will order an independent test of your blood sample at no extra charge.

The Logic Behind Independent Testing

The reason why we order an independent blood test is simple. Errors occur in blood testing more often than police and prosecutors like to admit. In fact, a blood sample in a California DUI case is not always perfect. Improper collection, storage, or analysis can ruin one’s reputation. Additionally, it is even possible to accidentally swap a sample from another driver.

The blood sample in your California DUI has specific instructions for collection and storage. Consequently, improper storage or collection provide problems or solutions. The blood needs to go into a glass tube that contains a mix of preservative and anticoagulant. If the preservative level is incorrect, your blood sample can ferment, creating alcohol and an inflated result. If the tube doesn’t contain enough anticoagulant, your blood sample will clot, which also creates falsely high blood alcohol levels. This is why independent testing of the same sample is essential for an effective California DUI defense.

Tests Aren’t Always Accurate

Even when a blood test is accurate, it merely indicates that your BAC was over the limit when you were tested, not when you were driving. It is not against the law to exceed the legal limit while at the police station, only while behind the wheel. Your body can absorb alcohol for a long time after you stop drinking, so your BAC may have risen between the time you were pulled over and the time you were tested.

An independent blood test is a crucial part of an aggressive California DUI defense. Therefore, that’s why The Kavinoky Law Firm includes this service in their retainer. For more information about California DUI defense, please contact us today at 1-800-NO-CUFFS for a free consultation.

Hit and Run Charges in California: Hit and Run Causing Injury

In California, a driver who leaves the scene of an accident where someone is hurt can be charged with hit-and-run causing injury. Leaving the scene of an injury accident is a serious charge that requires an expert defense lawyer to safeguard the driver’s rights. The skilled defense attorneys of The Kavinoky Law Firm have extensive experience in defending California hit-and-run cases, and will fight hard to minimize or even eliminate the consequences of a charge of leaving the scene of an accident that caused bodily injury.

A driver can be charged with hit-and-run after leaving the scene of an injury accident even if he or she wasn’t at fault. California law requires every driver who causes or is involved in an accident to stop and exchange information. Hit-and-run is an extremely serious charge, even if the accident involves only property damage. If the crash results in a hit and run causing death or serious injury, the driver faces severe consequences that can include prison time.

A driver convicted of hit-and-run with injury in California faces repercussions that may include heavy fines, a driver’s license suspension, probation, and possibly even seizure of the driver’s vehicle and jail time. If someone other than the driver suffers serious permanent injury, a convicted hit-and-run driver faces up to four years in prison and a fine of up to $10,000.

However, there are many ways to soften or eliminate the consequences of a California hit-and-run charge. It’s possible to fight and win against a charge of leaving the scene of an injury accident with the right defense lawyer at the driver’s side. Keep in mind that the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. If just one juror isn’t convinced of the driver’s guilt, there can be no hit-and-run conviction.

Another option that can help the driver avoid jail time in a California hit-and-run case is alternative sentencing. In many cases, it may be possible to substitute community service, freeway cleanup, electronic monitoring, or another sentencing alternative for jail. Whether alternative sentencing is available depends on many factors, including whether the offense was charged as a misdemeanor or a felony, and whether alcohol or drugs were involved.

Prosecutors in California hit-and-run cases sometimes offer a plea bargain, where the driver pleads guilty in exchange for reduced charges and/or punishment. Sometimes inexperienced defense lawyers press their clients to accept a deal merely to resolve a case quickly, but a plea bargain should be just what the name suggests – a good deal for both the driver and the prosecutor.

In some cases, it’s possible to negotiate what’s known as a civil compromise, where the accused hit-and-run driver agrees to pay for any property damage and/or medical expenses incurred by the other party as a result of the crash. If a civil compromise is approved by the court, the driver will face no criminal charges for leaving the scene of the accident as long as reimbursement is accomplished.

Regardless of the circumstances surrounding a California hit-an-run charge, it may be possible to decrease or eliminate the repercussions. The knowledgeable defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run law, and will fight to protect the driver’s rights and push for a favorable outcome. Contact a skilled defense attorney today for a free consultation.

Sealing Audit Records

Sealing and Destruction Of Records (California Penal Code 851.8)

With more sophisticated computers and increasing laws designed to be tough on criminal offenders, privacy is fast becoming a concern for everyone; especially individuals with a criminal record. While they say we learn from our mistakes, no one wants their criminal records public. Depending on the circumstances, it may be possible to get criminal records sealed. Once records are sealed it limits public access. In these cases, the offense is deemed not to have occurred and the records are subsequently destroyed. The skilled California defense lawyers of The Kavinoky Law Firm are experienced in all aspects of petitioning to have criminal records sealed and destroyed.

Sealing and destruction of records is a good option in certain cases and more difficult in others. Under California penal code 851.8, an innocent person arrested for or charged with a crime may be able to have the records sealed by obtaining a declaration of “factual innocence.” A finding of factual innocence is generally initiated by motion and requires a judge’s approval.

In general, someone is deemed to be factually innocent if no reasonable cause exists to believe he or she committed the offense. The procedure for obtaining a certificate of factual innocence vary depending on whether formal charges are filed, but the result is the same: All records relating to the arrest and charges must be sealed for three years and must subsequently be destroyed. The arrest is deemed never to have occurred.

Often time arrests occur and the person is released and no formal charges are filed. In these cases, the arrestee can petition for a finding of factual innocence to have the arrest records sealed.

When charges were filed but the case was dismissed, a petition for a finding of factual innocence can be made, but it’s in the discretion of the court and the district attorney to grant relief. When a trial results in an acquittal, the judge may find the person factually innocent and order relief.

There are specific evidentiary and timing issues which are important to maximize a successful finding of factual of innocence. Anyone looking into relief under penal code 851.8 should consult with a California criminal defense attorney.

Even in cases where sealing and destruction of records is appropriate, certain exceptions apply. Transcripts of court proceedings, published appellate opinions, and any records relevant to pending lawsuits are exempted. Records will not be destroyed if the conviction is on appeal, jail time was never served, fines unpaid, probation is incomplete, or there is a bench warrant.

There are certain cases when relief under Penal Code 851.8 can be very useful, including:

  • Juvenile misdemeanor arrest and conviction records
  • Marijuana arrests and convictions
  • Drug diversion agency records

Juvenile misdemeanor arrest and conviction records: Sealing of records is often awarded in cases involving minors. The arrest records of a minor may be sealed if he or she was released for lack of probable cause; the juvenile court dismissed the case, or the defendant was acquitted.

This section does not apply to arrests for sex, drug, or traffic offenses. If the court makes the finding required for relief, the records will be sealed and the proceedings will be deemed not to have occurred.

It is rare for a person under age 18 to be convicted of a misdemeanor in adult court but when it does happen, Pen Code §1203.45 provides for the sealing of such records

Marijuana arrests and convictions: In general, while sealing and destruction of records requires court approval, cases such as minor misdemeanor marijuana convictions will be automatically sealed. Records of marijuana arrests and convictions are automatically destroyed two years after the arrest or conviction in cases involving simple possession.

Drug diversion agency records: PC 851.8 provides that drug diversion agency records will be sealed and destroyed.

Employers generally cannot ask job applicants about arrests or detentions that did not result in conviction; convictions for which the record has been ordered sealed or expunged; expungements or as noted above, or participation in a diversion program.

Applicants for peace officer and health care positions are exempted from this rule, and applicants can be asked about arrests for sex or drug offenses. Professions involving young children have also been found to require disclosure for arrests involving sex or drug offenses.

Sealing and destruction of records is a viable option after many California criminal convictions. The experienced California criminal defense attorney of The Kavinoky Law Firm can determine whether an arrest or conviction can be sealed and destroyed. Contact them today for a free consultation.

Great Attorney in LA: Kavinoky Law Firm: Big-Firm Resources, Small-Firm Feel

Trying to find a great attorney? If you are sitting on the wrong side of the law, you need to hire someone you trust to protect your rights. The Kavinoky Law Firm hires only the best.

Big Resources to get the Job Done

Having the resources of a large law firm behind you is a comforting feeling when you’re fighting a California criminal charge. On the flip side, it’s easy to get lost in the shuffle at a massive firm that has hundreds of clients. However, The Kavinoky Law Firm can give you both. They have the resources of a large law firm and give you the individual attention of a small firm.

Thus, the Kavinoky Law Firm is California’s biggest and most-successful legal practice concentrating on alcohol- and drug-related offenses. This means they have access to far more resources than other firms. A great attorney also comes with strong working relationships with important professionals. For instance, your attorney knows top substance-abuse experts, private investigators, and other professionals. Thus, this means you will have a much stronger defense.

Great Attorney Hires Great Attorneys

California defense attorney Darren T. Kavinoky and his handpicked team of lawyers at The Kavinoky Law Firm have more than 100 years of combined legal experience that they are ready to use to your advantage in your criminal case.

Communication is one of the top priorities at The Kavinoky Law Firm – all of our attorneys are equipped with Blackberries and are available to answer your questions by phone or email at any time – not just 9 am to 5 pm Monday through Friday. Their Intranet Toolkit developed by the IT department provides them with instant access to information about cases.

The firm has a patent pending on a groundbreaking team-oriented system of handling cases. When you retain an attorney from The Kavinoky you’re hiring a full-fledged defense team – more than a dozen lawyers and support personnel who meet regularly during round-table meetings to ensure that you’re receiving the most effective defense possible in your California criminal case.

Their nationwide network of attorneys helps the firm work cases across state lines. Non-domestic offenses impact you globally. This Law Firm extensive reach assists with fallout from a California criminal case.

The Kavinoky Law Firm’s in-house Appellate Department is available to assist clients with prior convictions make a fresh start. Their experienced California appeal attorneys are ready to fight your case to the highest court necessary. Their attorneys have argued cases all the way to the U.S. Supreme Court.

If you are facing a criminal charge, you need help defending your case. So, hire an California criminal attorney with large-firm resources and small-firm attention. The experienced California attorneys of The Kavinoky Law Firm offer just that kind of personalized service. Please contact them today at 1-800-NO-CUFFS for a free consultation.

Hit and Run Charges in California: Hit and Run Causing Death

Drivers who leave the scene of an accident in California can face hit-and-run charges even if they are not at fault. The severity of the charges depends on many factors, such as whether the accident results in a  hit and run with property damage, injury, or death. Regardless of the circumstances, hit-and-run is a very serious charge that requires expert legal representation. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of California hit-and-run cases, and will work very hard to protect the accused driver’s rights and freedom.

Leaving the scene of a fatal accident is an extremely serious charge in California. A driver convicted of hit-and-run causing death faces from three months in county jail to up to four years in state prison. The driver also faces a fine of up to $10,000, a one-year driver’s license revocation, probation, and possible vehicle seizure.

In some cases, a driver involved in a fatal hit-and-run accident can face even more serious charges such as manslaughter or vehicular homicide. And if alcohol or drugs were involved, the driver may face an additional charge of DUI / DWI or driving under the influence of drugs.

However, a hit-and-run charge doesn’t equal an automatic conviction – far from it. There are many effective defenses to a charge of leaving the scene of an accident. It’s important to remember that the prosecutor is required to prove his or her case beyond a reasonable doubt in order to obtain a conviction. That means the prosecutor has the burden of convincing all 12 jurors of the driver’s guilt. The defense is under no burden to prove anything other than to prove the prosecution’s case is faulty.

Hit-and-run cases involving death are extremely complex and technical, and typically involve a great deal of physical evidence. In many cases, the assistance of an experienced accident reconstructionalist can uncover evidence overlooked by police that can help the defendant’s case.

In some cases, the defense may be better off negotiating a plea bargain rather than taking a charge of leaving the scene of an accident to trial. Plea bargains sometimes offer a satisfactory resolution to a hit-and-run charge involving death. It may be possible for the driver to plead guilty in exchange for reduced charges and/or punishment. In some cases, alternative sentencing may be available that can reduce or even eliminate a jail sentence.

There are many viable defense strategies to a California hit-and-run charge involving property damage, injury or death. The experienced defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending charges of leaving the scene of an accident, and will develop a proven defense strategy designed to safeguard the driver’s rights and minimize the consequences. Contact them today for a free consultation.

New California Laws for 2010

New California Laws for 2010

The U.S. Supreme Court has ruled that criminal suspects’ statements can be used against them if they fail to invoke their rights.
The court ruled 5-4 that criminal suspects have a duty to invoke the rights outlined in the historic Miranda vs. Arizona decision, including the right to remain silent and to have an attorney present during questioning. In the past, the court held that the government had the burden of demonstrating that a suspect had knowingly and intelligently waived his rights.

Tuesday’s ruling addressed a Michigan case where a man was convicted of murder based largely on his one-word response to a question after nearly three hours of interrogation.  His conviction was overturned by an appeals court that ruled that using his answer to convict him violated his right against self-incrimination. The Supreme Court’s ruling overturned that decision.
Our constitutional rights have eroded considerably in recent years, so it’s more important than ever to have a skilled defense lawyer on your side if you’re under investigation for a criminal charge.  The top California defense attorneys of The Kavinoky Law Firm are well-known for standing up for the rights of their clients, and will do everything possible to protect you during a criminal investigation. Contact a skilled California defense lawyer today at 1-800-NO-CUFFS for a free consultation.

A new year brings new laws in California, and 2010 is no exception.  There are a number of new laws on the books that impact convicted DUI drivers and certain individuals charged with theft or other property crimes. Another new law increases the amount of time credit earned by certain inmates in California county jails and prisons.  Yet another new law prevents authorities from sending low-level, non-violent offenders back to prison for parole violations. As in every year, the list of new California laws is lengthy, so we’ve summarized the most noteworthy ones here. If you have any questions about any of these new laws and how they will affect your case, you can always contact The Kavinoky Law Firm at 1-800-NO-CUFFS.

Two new laws will impact many individuals convicted of DUI. AB 91 creates a pilot program that requires every driver convicted of DUI in Los Angeles, Alameda, Sacramento and Tulare counties – even first offenders – to install and use an ignition interlock device.  The law will remain in effect until 2016, when the pilot program may be extended and expanded to include other counties.

SB 598 is a bill that will allow DUI offenders to obtain restricted driver’s licenses sooner than they would otherwise if they install and use an ignition interlock device.  Convicted DUI drivers will still have a certain period of “hard” suspension when they are not allowed to drive at all, but that hard suspension will be shortened by installing an ignition interlock device.

A new law that takes effect January 25, 2010 increases the dollar amount that determines whether more than 30 theft and property crime offenses can be charged as felonies rather than misdemeanors.  For example, the threshold for a felony charge of writing a check with non-sufficient funds increased from $200 to $400. The limits for some offenses, such as theft of currency or jewelry, remain unchanged.

Certain individuals serving time in California county jails will earn more time credits than before under another new law that takes effect on January 25, 2010. In the past, inmates in county jails earned two days of credit for every four days spent in custody. Under the new law, they will earn two days of credit for every two days served.  Some defendants are excluded from earning the additional credit for time served. They include individuals convicted of violent felonies who are limited to a 15-percent reduction credit under California Penal Code section 2933.1; those required to register as sex offenders; and individuals convicted of serious felonies or with prior convictions for serious felonies. Up to six weeks of additional credit can also be earned by many state prison inmates who complete certain prison programs.

Another new law that takes effect January 25, 2010 prevents certain individuals from being returned to prison for parole violations. The individual cannot be returned to prison for a parole violation if all of the following are true: he or she is not required to register as a sex offender, wasn’t convicted of a serious felony, doesn’t have a prior conviction for a serious felony, wasn’t convicted of a sexually violent offense, wasn’t found guilty of a serious disciplinary offense, isn’t a validated gang member or associate, didn’t refuse to sign a notification of parole conditions, and wasn’t determined in an evaluation to have a high risk of reoffending.

Understanding California’s complex criminal statutes and the many new laws that are passed each year is difficult. Fortunately, the knowledgeable California defense attorneys of The Kavinoky Law Firm ensure that they’re up on the latest developments in the law, so that you don’t have to.  If you have any questions about any aspect of your California criminal case, please don’t hesitate to call us today at 1-800-NO-CUFFS.

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

 

Los Angeles Criminal Defense of DUI / DWI Arrests

Los Angeles Criminal Defense of DUI / DWI Arrests

A Los Angeles DUI / DWI arrest requires fast action – you or your loved one must arrange to be released on bail or on your own recognizance (OR) and request a hearing with the California DMV within 10 days of arrest or risk the automatic suspension of your driver’s license. Fortunately, you don’t have to face your Los Angeles DUI / DWI charge alone – the experienced drunk driving lawyers of The Kavinoky Law Firm are here to help. Our team of top criminal defense lawyers in Los Angeles can help arrange bail, request a DMV hearing, and begin planning your strategic defense.

The evidence against you in your Los Angeles DUI / DWI case can seem overwhelming – the prosecutor may be armed with a chemical test that shows a blood alcohol content (BAC) of .08 percent or greater. In addition, you may have been told that you “failed” your field sobriety test, and that the officer observed you exhibiting signs of drunk driving. . However, all of the evidence in an L.A. DUI / DWI case is open to challenge. The Kavinoky Law Firm’s DUI / DWI and Criminal Defense Attorneys in Los Angeles, CA will examine every shred of evidence in your drunk driving case to find viable challenges designed to create reasonable doubt in your guilt.

If you refused to submit to a chemical test to establish your BAC after an L.A. DUI / DWI arrest, you will face special challenges both in court, and at the California Department of Motor Vehicles. Some drivers refuse to submit to a breath or blood test after a Los Angeles DUI / DWI arrest because they believe it will help their case if there is no BAC evidence against them.

However, if you refused a chemical test, you can receive additional punishment from both the criminal courts and the Department of Motor Vehicles. The California DMV can suspend your license for a longer period of time if a refusal occurred, and the prosecutor can use your chemical test refusal as evidence of “consciousness of guilt.” In fact, police in Los Angeles can take your blood by force and then charge you with a chemical test refusal because you didn’t submit willingly to the test. However, there are some circumstances where a chemical test refusal can be excused in a Los Angeles DUI / DWI case, and it’s up to your lawyer to fight this allegation.

A Los Angeles drunk driving arrest creates unique challenges, so it’s critical to have a local DUI / DWI lawyer fighting for your rights. With offices in Woodland Hills and Santa Monica and throughout California, the skilled DUI / DWI lawyers of The Kavinoky Law Firm are ready to aggressively fight your drunk driving charge anywhere in Los Angeles County or across the state. Contact us today for a free consultation.

New California Driving Laws for 2009

New California Driving Laws for 2009

As of January 1, 2009, a host of new driving laws went on the books in California, and being aware of these statutes will help you avoid trouble with the law in the New Year. As always, if you have any questions about any California Vehicle Code, feel free to contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for more information.

Perhaps the most talked-about new law is California’s ban on texting. As of January 1, it’s against the law to type, send, and read electronic messages while behind the wheel. Like California’s law requiring the use of hands-free cell phones while driving, the new text-messaging ban carries a $20 fine for a first offense and a $50 fine for a second offense, but the state’s “penalty assessment” means the fine will be significantly higher.

Even more importantly, violating either of these laws gives police probable cause to pull you over, which can lead to more serious charges. These types of relatively minor violations can result in an arrest for DUI or another serious offense.

Another new law impacts drivers who are on probation for a California DUI conviction. Under the new zero-tolerance law, drivers on probation for a prior DUI conviction who have any measurable amount of alcohol in their systems will have their driver’s licenses suspended.

California has also lowered the threshold for ignition interlock devices, or IIDs, in DUI cases. In the past, California law required that judges give “heightened consideration” to ordering DUI drivers with a blood alcohol content (BAC) of .20 percent or greater to use an ignition interlock device. The new law lowers the threshold for an IID, which prevents a car from starting if the driver cannot provide an alcohol-free breath sample, to .15 percent.

Beginning in July 2009, drivers who are caught driving after having their licenses suspended for a prior DUI conviction will also be required to use an ignition interlock device. This new law also transfers authority over the use of ignition interlock devices from the courts to the California Department of Motor Vehicles.

New California legislation also requires drivers convicted of DUI or alcohol-related reckless driving – also known as “wet-reckless” – to attend a nine-month alcohol-education program if they’ve been convicted of another DUI or wet-reckless offense within the past decade.

Other changes to the law include new criminal penalties for forging Clean Air stickers, harsher penalties for those who make frivolous 911 calls, and changes to the law that governs where GPS units can be mounted. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver’s side.

By keeping yourself informed about California’s ever-evolving vehicle and criminal codes, you can better prepare yourself to stay out of trouble in 2009. And should you ever need us, the experienced California defense lawyers of The Kavinoky Law Firm are here to help. You can contact us at 1.877.466.2833 for answers to all of your questions about California vehicle and criminal codes.

New Laws in 2008

New Laws in 2008

Every year, California adds scores of new laws to the books, and 2008 is no exception. Below is a brief summary of new laws that take effect this year. Unless otherwise noted, each statute took effect on Jan. 1, 2008. If you find yourself on the wrong side of the law this year, please don’t hesitate to contact the skilled defense lawyers of The Kavinoky Law Firm.

One of the most talked-about new laws in California this year is the ban on using hand-held cell phones while driving. This new law, which takes effect July 1, 2008, dictates that drivers can only use hands-free cell phone devices while operating a motor vehicle. Drivers who fail to comply face a $20 fine, which will later increase to $50.

Drivers under the age of 18 will be banned from using any cell phone, even hands-free devices, on July 1, 2008. Minors who violate this law will be subject to a $20 fine, which will later increase to $50.

Under California law, drivers who smoke with a minor in the car now face a $100 fine. This law applies to everyone. However, police cannot stop a vehicle merely to check for smoking; they must have another reason to initiate a traffic stop.

California has passed several new laws pertaining to drunk driving and DUI / DWI. Individuals who are on probation for DUI / DWI are now barred from driving with a blood alcohol content (BAC) of .01 percent or greater. Police can determine the driver’s BAC with a PAS test, or Preliminary Alcohol Screening test, to which the driver is required to submit under California’s Implied Consent law.

Another new California drunk-driving law pertains to driver’s license applications. Beginning July 1, 2008, everyone who applies for a new driver’s license or renews an old one must acknowledge in writing that DUI / DWI offenses that causes death can result in murder charges.

California authorities are also continuing to crack down on drag-racing and speed contests. Any vehicle used in a speed contest, exhibition of speed, or reckless driving on a highway can now be impounded for 30 days.

Another new law on California’s books makes it less likely that you’ll see jailhouse photos of Paris Hilton, Lindsay Lohan, or any other jailed celebrity. Under California law, it is now a misdemeanor for peace officers, government attorneys, or court employees to sell confidential information, photos, or videos from inside secure facilities such as jails. Anyone convicted of selling or soliciting such material faces a $1,000 fine plus forfeiture.

California law now prohibits the unauthorized possession of a cell phone, pager or wireless internet device in jail. Failure to comply is a misdemeanor punishable by a $1,000 fine. Possession of tobacco by inmates is now a $250 infraction.

A series of amendments went into effect Jan. 1, 2008 that change existing law. For example, California recently amended the law to add parking enforcement officers to the list of assault victims whose assailants can receive enhanced penalties.

Another amended law requires courts hearing domestic violence cases to consider issuing a 10-year restraining order against defendants sentenced to prison, jail or probation for DV offenses. Another amended section of the California Penal Code increases the notification time of victims and family members in domestic violence and child-abuse cases from 45 to 60 days.

Another new law requires pet owners to inform the victim of a dog bite within 48 hours of the owner’s name, address, telephone number, the dog’s name, license number and vaccination status. Anyone who fails to comply is guilty of an infraction and must pay a $100 fine.

California criminal law is extremely complex, and as you can see, more laws are added every year. If you’re facing California criminal charges, you need an expert defense lawyer at your side who will fight aggressively for your rights. The experienced attorneys of The Kavinoky Law Firm are ready to defend you on any California criminal charge. To learn more about effective defenses to California criminal charges, including DUI / DWI, domestic violence, drug charges, white-collar crime, or any other offense, contact us today for a free consultation.