Category: Weapons Offenses

Weapons Offenses | No Cuffs

New California Laws

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 California 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 sex crime, 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.

 

DRIVING UNDER THE INFLUENCE CHARGES FOR ATV DRIVERS

Friday, June 30, 2006

DRIVING UNDER THE INFLUENCE CHARGES FOR ATV DRIVERS

WOODLAND HILLS, Calif. — Fans of sun and sand are gearing up for fun summer weekends full of riding ATVs and drinking with friends.  However, those who enjoy a few beers before driving an all-terrain vehicle may be in for an unfortunate surprise:  DUI charges can be brought against them, and those charges can be devastating.

In recent years the dangers and illegality of boating under the influence have been emphasized, and many people now know that they can be arrested for drinking and boating. However, many people do not realize that driving an all-terrain vehicle while impaired is just as dangerous and just as illegal.

“The punishments for driving an ATV while intoxicated are identical to those for driving a car under the influence of alcohol,” said California criminal defense attorney Wendy Wittenberg.  “I’ve dealt with many defendants who were arrested and charged with DUI while driving ATVs.  They were all shocked.  They had no idea that it was illegal, or that they could lose their driving privileges and serve jail time.”

According to California law, a person driving any vehicle on a public highway can be arrested for driving under the influence if his or her blood alcohol content measures .08 percent or more.  If convicted, this person may have to serve jail time, participate in a DUI school and pay fines.  The Department of Motor Vehicles can suspend the defendant’s Class C driver license even without a conviction.

“Of course, when people are arrested for DUI while driving an ATV, many times they argue that they weren’t on a public roadway.  Unfortunately for these defendants, sand dunes are considered public roadways for the purpose of California driving under the influence laws,” said Wittenberg.  “This means that anyone driving in a sand dune while intoxicated can be arrested for DUI.”

Wittenberg has handled many ATV DUI arrests, and she is beginning to see a trend.  “More and more clients are calling me to help defend DUI charges while driving ATVs.  It probably is not due to more people drinking and driving, but more intense surveillance.”

These arrests can happen in a number of ways.  Many times, ATV drivers are turned in by rangers at the dunes.  These rangers will investigate the situation, and then contact the California Highway Patrol or local police department to report a suspicious driver.  In other instances, citizens can call the arresting officers with information about a suspected drunken driver.  The officers will then drive to the scene to investigate the situation and to possibly arrest the offender.

In addition to being illegal, driving an ATV while intoxicated is dangerous.  In the last 20 years, there have been more than 300 ATV-related deaths in California.  It is assumed that at least some of these accidents were due to intoxication of the driver.

“It’s important to use common sense about safety while driving in the dunes,” said Wittenberg.  “Drinking and driving is never a good idea, no matter what vehicle is driven.”

Wendy Wittenberg is an attorney at California-based criminal defense firm The Kavinoky Law Firm.  The attorneys of The Kavinoky Law Firm focus on customer service, and they take pride in their one-on-one approach with clients. They work tirelessly to have the best reputation of all criminal defense firms in the state.  www.NoCuffs.com

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For more information, contact Angie Rupert at (818) 346-4646 or [email protected].
Prepared by Angie Rupert.

Alcohol Education Programs in Modoc County, California

Alcohol Education Programs in Modoc County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Modoc County, California:

Modoc County DDP
(Service Provided: First Offender, 18 Month)
441 North Main Street,
Alturas, California 96101
Phone: 530-233-6319; Fax: 530-233-5311

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

California Vehicle Code VC 13352.3 – Minor: Revocation of Driving Privilege

California Vehicle Code VC 13352.3 – Minor: Revocation of Driving Privilege

13352.3. (a) Notwithstanding any other provision of law, except subdivisions (b), (c), and (d) of Section 13352 and Sections 13367 and 23521, the department immediately shall revoke the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age, or upon receipt of a report of a judge of the juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153.

(b) The term of the revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed for restriction, suspension, or revocation specified in subdivision (a) of Section 13352, whichever is longer. The privilege may not be reinstated until the person gives proof of financial responsibility as defined in Section 16430.

Amended Sec. 3.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 83, Ch. 149, Stats. 2003. Effective January 1, 2004.

» Return to California Vehicle Codes

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 13357 – Action Required for Auto Theft

California Vehicle Code VC 13357 – Action Required for Auto Theft

13357. Upon the recommendation of the court the department shall suspend or revoke the privilege to operate a motor vehicle of any person who has been found guilty of a violation of Section 10851.

Added Ch. 1110, Stats. 1967. Effective November 8, 1967.

» Return to California Vehicle Codes

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 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing

California Vehicle Code VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing

13371. This section applies to schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle certificates, and a certificate for a vehicle used for the transportation of developmentally disabled persons.

(a) Any driver or applicant who has received a notice of ( )1 refusal, suspension, or revocation, may, within 15 days ( )2 after the mailing date, submit to the department a written request for a hearing. Failure to demand a hearing within 15 days is a waiver of the right to a hearing.

(1) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision has been rendered by the Certificate Action Review Board pursuant to paragraph (2) of subdivision (d). The department shall not stay an action when there is reasonable cause to believe the stay would pose a significant risk to the safety of pupils being transported in a schoolbus, school pupil activity bus, youth bus, or persons being transported in a general public paratransit vehicle.

(2) An applicant or driver is not entitled to a hearing whenever the action by the department is made mandatory by this ( )3 article or any other applicable law or regulation except where the cause for ( )1 refusal is based on failure to meet medical standards or excessive and habitual use of or addiction to alcoholic beverages, narcotics, or dangerous drugs.

(b) The department shall appoint a hearing officer to conduct the hearing in accordance with Section 14112. After the hearing, the hearing officer shall prepare and submit findings and recommendations to the department.

(c) The department shall mail, as specified in Section 22, a copy of the hearing officer’s findings and recommendations to the driver or applicant and to the driver or applicant’s hearing representative, either of whom may file a statement of exception to the findings and recommendations within 24 days after the mailing date.

(d) (1) The Certificate Action Review Board consists of the following three members: a chairperson appointed by the director of the department, a member appointed by the Commissioner of the California Highway Patrol, and a member appointed by the Superintendent of Public Instruction.

(2) After a hearing, the board shall review the findings and recommendations of the hearing officer, and any statement of exception, and make a decision concerning disposition of the action taken by the department, which decision shall be final. At this stage, no evidence shall be heard that was not presented at the hearing, unless the person wishing to present the new evidence establishes, to the satisfaction of the board, that it could not have been obtained with due diligence prior to the hearing.

Amended Sec. 60, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. "denial"
  2. "of"
  3. "Article"

» Return to California Vehicle Codes

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 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

California Vehicle Code VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

23578. In addition to any other provision of this code, if ( )1 a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of ( )2 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor( )3 that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 1, Ch. 89, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

  1. "any"
  2. "0.20"
  3. "which"

» Return to California Vehicle Codes

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.

Community Service

Although many driving under the influence defendants face the prospect of fines and jail time, some convicted drunk drivers are eligible for alternative sentencing. One sentence alternative that is generally available is community service. An experienced California DUI / DWI defense lawyer from the Kavinoky Law Firm can determine whether a driver may be eligible for community service.

Community service requires an individual to work – without pay – for a civic or nonprofit organization. Performing community service has many benefits –to taxpayers, by reducing the burden on overcrowded jails, and to DUI offenders themselves. The defendant is allowed to continue living at home while contributing to a good cause.

There are many creative possibilities in performing community service. DUI drivers in particular professions – plumbers, electricians, carpenters, dentists, doctors, etc. – can donate their skills to social service agencies. Other individuals can find service opportunities at organizations such as the Red Cross, the Salvation Army, YMCA, local animal shelters, or other charitable organizations that need volunteers.

Community service will allow the DUI offender to get good time/work time custody credits for every hour spent contributing to a community service program. These hours will be applied to the amount of time that would have otherwise been spent in jail.

Alternative sentencing such as community service can be a viable option for DUI / DWI drivers who wish to avoid jail. A California attorney experienced in defending drunk driving cases can evaluate each case to determine whether alternative sentencing is an option to jail.

California Vehicle Code VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction

California Vehicle Code VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction

23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:

  1. A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
  2. A prior violation of Section 23153 that was punished as a felony.
  3. A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.

(b) Every person who, having previously been convicted of a violation of Section 191.5 of the Penal Code or a felony violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(d) Any person convicted of a violation of Section 23152 or 23153 that is 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 under subdivision (b) of Section 13350.

Amended Sec. 14, Ch. 706, Stats. 1999. Effective October 10, 1999.
Amended Sec. 1, Ch. 849, Stats. 2001. Effective January 1, 2002.
Amended Sec. 26, Ch. 545, Stats. 2002. Effective January 1, 2003.

» Return to California Vehicle Codes

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 23224 – Possession of Alcohol in Vehicle: Person Under 21

California Vehicle Code VC 23224 – Possession of Alcohol in Vehicle: Person Under 21

23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage.

(c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.

(d) Any person under 21 years of age convicted of a violation of this section is subject to Section 13202.5.

(e) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 1, Ch. 690, Stats. 1996. Effective January 1, 1997.

» Return to California Vehicle Codes

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.