Tag: criminal defense attorney

Jason Ross Harris Found Guilty of Murder Locking Toddler in Hot Car

Posted by Staff on November 14, 2016

The Glynn County jury in Georgia has found Justin Ross Harris guilty of murder. Harris is the dad who left his 22-month-old toddler son in the car while he was at work. The criminal defense legal team for Justin Ross Harris argued the father did not leave the child in the car on purpose, but instead forgot he was in the car. Today the announcement came from the court that the prosecution convinced a jury otherwise.

Darren Kavinoky, founding attorney of 1.800.NoCuffs wrote an in-depth investigative article on the story for HLN on July 8, 2014. Writes Kavinoky, “A toddler is dead. His parent, the person entrusted with his very well-being, is charged with murder. …This case has all the makings of a captivating courtroom drama: An innocent, blameless victim; questionable behavior by the accused (including racy ” sexting” activity!); and what is considered by many a plausible defense of an accident, committed by a man his friends and family describe as a loving dad.” [1]

Mayra Cuevas for CNN reports today, “Harris, 35, was accused of intentionally locking Cooper inside a hot car for seven hours. On that same day, Harris was sexting with six women, including one minor, according to phone records.” [2]

The 22-month-old child named Cooper died unattended in the car. Automobile-related hot car suffocation is known as “death by hyperthermia.”

Christopher Brennan writes for New York Daily News today, “Other evidence exposed at trial showed that Harris had watched a video about hot car deaths in the days before the killing and that minutes before he locked the toddler in his car, he said, ‘I love my son and all, but we both need escapes.'” [3]

For more on Darren Kavinoky’s coverage of the case, check out:
“Hot Car” Deaths: Is It Really Possible For A Parent To Forget About Their Child? http://crimefeed.com/?p=6748 via CrimeFeed.com

Watch Darren talk about the case here:

SOURCES
1. Darren Kavinoky. July 8, 2014. HLN. “Is Justin Ross Harris the next Casey Anthony?” Retrieved via http://www.hlntv.com/article/2014/07/08/justin-ross-harris-hot-car-death-opinion-darren-kavinoky.

2. Mayra Cuevas. November 14, 2016. CNN. “Jury finds Justin Ross Harris guilty of murder in son’s hot car death.” Retrieved via http://www.cnn.com/2016/11/14/us/justin-ross-harris-trial-verdict/index.html.

3. Christopher Brennan. November 14, 2016. New York Daily News. “Justin Ross Harris found guilty of murdering toddler son in hot car.” Retrieved via http://www.nydailynews.com/news/national/justin-ross-harris-found-guilty-hot-car-toddler-murder-article-1.2872935.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Cecilia The Mamacita on 93.5 FM KDAY Takes DUI Quiz

Posted by Staff on November 10, 2016

November 8, 2016–Los Angeles, California–Attorney Darren Kavinoky appears on 93.5 FM KDAY with Cecilia The Mamacita in Los Angeles to give his legal advice on DUI and tests Cecilia The Mamacita on her DUI knowledge.

Cecilia The Mamacita opens the show by saying, “People have seen you on The View, Dr. Phil, Fox News, Entertainment Tonight, Dr. Drew, …you’re very popular and a lot of people love you. But you’re here today and we’re here talking about 1.800.NoCuffs.”

DUI Attorney Darren Kavinoky in Los Angeles on 93.5 KDAY

One of the DUI quiz questions that Darren asks Cecilia The Mamacita is, “True / False. Persistent heartburn makes somebody an inappropriate subject for breath testing in DUI cases.” Cecilia The Mamacita guesses, “False,” but the actual answer is True!

Explains Darren, “Everything in breath testing is predicated on the idea that that junk machine–I’m sorry that that highly scientific machine,” laughs Darren. “I can’t say it without laughing. Measuring alcohol molecules that are found in deep lung air called valvular air, it’s called deep lung air.”

Darren explains, “If you’ve got persistent heartburn, that means that you’ve worn away what’s called the lower esophageal sphincter, the lid on your stomach, and you get these alcohol molecules that are sometimes up in your esophagus in your throat and when you blow those into the machine. The machine isn’t smart enough to know where those molecules are coming from. And so, if you’ve got persistent heartburn you run a real risk that if you give a breath test it’s going to have a falsely high result because those alcohol molecules aren’t coming from deep lung air. They’re coming from that persistent heartburn.”

You can take a DUI Quiz DUI quiz and test your knowledge.

Tune into 93.5 FM KDay online here. http://www.935kday.com/. Follow KDAY on Twitter at https://twitter.com/935kday.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Recreational Marijuana Use Legal in California

Posted by Nicole Hanratty on November 9, 2016

Recreational marijuana use is legal in California now and 1.800.NoCuffs brings you the legal ins and outs of Prop 64, the legalization of marijuana.

Prop 64 officially titled the “Control, Regulate and Tax Adult Use of Marijuana Act,” passed in the state of California on November 8, 2016. It ushers in, effective immediately, the passage of Proposition 64 which legalizes the recreational use of marijuana. There are key takeaways from the proposition and 1.800.NoCuffs wants you to know your newly acquired legal rights.

1.800.NoCuffs founding attorney Darren Kavinoky weighs in on the passed legislation, “Here is yet one more example of where there is a gap between the law and how the law gets implemented in society. And so now that the voters in the state of California have spoken, now the devil’s in the details. How this is going to play out and shake out through the court system is probably going to take a significant amount of time, it’s going to require the work of a lot of lawyers and judges and thankfully at the end of the day, will generate significant tax revenue to fulfill on the intentions of the bill.”

1. As with alcohol, you must be 21 to use marijuana recreationally. [1] According to attorney Darren Kavinoky, “There is an exception here because there is a concern that people that were the ages of 18 and 21 would, therefore, be deprived the opportunity to use marijuana if this passes, even those who were using it lawfully under the Prop 215 medical marijuana laws. And one thing that appears to be clear is that those who are between the ages of 18 and 21 and who do have a doctor’s recommendation will still be able to use and lawfully possess that recommended marijuana.”

2. You can now grow marijuana at home. The law states that you can grow up to six marijuana plants in your residence without violating the law. But to be in compliance, “The living plants and any marijuana produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a lockedspace, and are not visible by normal unaided vision from a public place.” [2]

3. You have the right to share your “crop” with another legal adult but it is illegal to sell it. “Persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis.” [3] Explains Kavinoky, “The implementation that’s been discussed is that marijuana will be commercially available for recreational use in 2018, even though the law is in effect now, because of the various hoops that need to be jumped through. So that definitely creates this strange bit where it takes people who are interested in smoking marijuana recreationally that don’t have a medical marijuana card and turns them into cultivators. Because the only way that they could lawfully smoke marijuana now is by growing their own. So that is an interesting perhaps unintended consequence of where we are with this.”

4. You may have the right to have your sentenced altered if you have been previously convicted of a marijuana offense that is now a reduced crime. The passage of Proposition 64, “authorize[s] courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act.” [5]

4. It may be illegal to be searched based on the scent of marijuana alone now with the passage of this new California law. “One of the biggest impacts potentially that is going to play out here is the impact on the area of search and seizure law under the Fourth and Fourteenth Amendments to the U.S. Constitution,” explains Kavinoky. “The way that it has played out before since marijuana was considered contraband and illegal substance, was that the mere scent of marijuana would provide a police officer or law enforcement officer with the opportunity to either get a search warrant or depending on the circumstances and the exigency or some other exception to the warrant requirement conduct an immediate search. Now the circumstances where those searches can happen are either going to be eliminated entirely or since I can still envision some circumstances where the scent of marijuana could still trigger a lawful search, if it’s not going to be eliminated then they’ll be significantly curtailed.”

What remains illegal about marijuana possession or usage?

1. Public smoking of marijuana in public is a violation of the law. This includes smoking it “while riding in the passenger seat or compartment of a motor vehicle.” [2]

2. It is illegal to consume, advertise, or sell pot near schools or any type of youth facility. Prop 64 “prohibit[s] the marketing and advertising of nonmedical marijuana to persons younger than 21 years old or near schools or other places where children are present.” In addition, it “prohibit[s] the consumption of marijuana in a public place unlicensed for such use, including near K–12 schools and other areas where children are present.” [2] It must also be sold in “child-resistant containers and be so labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana.

3. It is against the law to drive or operate a vehicle while impaired by marijuana. “SEC. 4.6. Section 11362.3 is added to the Health and Safety Code, to read: 11362.3. (a) Nothing in Section 11362.1 shall be construed to permit any person to: …(7) Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. (8) Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under the age of 21 years are present. ” [2]

4. Food products that contain pot, aka “edibles” must be labeled in detail. “Require nonmedical marijuana sold by licensed businesses to be packaged in child-resistant containers and be labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana. ” [2]

5. Cities and communities have the power to ban the commercial sale of marijuana with a passed ordinance. “The Adult Use of Marijuana Act sets up a comprehensive system governing marijuana businesses at the state level and safeguards local control, allowing local governments to regulate marijuana-related activities, to subject marijuana businesses to zoning and permitting requirements, and to ban marijuana businesses by a vote of the people within a locality. ” [2]

7. Medical dispensaries are not legally allowed to sell to customers purchasing the plant for recreational purposes. Businesses that sell alcohol or tobacco or also not prohibited to sell nonmedical marijuana.

Sources
1. “The Adult Use of Marijuana Act prohibits the sale of nonmedical marijuana to those under 21 years old, and provides new resources to educate youth against drug abuse and train local law enforcement
to enforce the new law.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

2. Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

3. “SEC. 4.4. Section 11362.1 is added to the Health and Safety Code, to read: 11362.1. (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis; (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products; (3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants; (4) Smoke or ingest marijuana or marijuana products; and (5) Possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years of age or older without any compensation whatsoever. (b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute marijuana accessories. (c) Marijuana and marijuana products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

4. Rob Nikolewski. November 9, 2016. San Diego Tribune. “7 Things To Know Now That Prop 64 is Law.” Retrieved via http://www.sandiegouniontribune.com/business/sd-me-election-pot-20161107-story.html

5. “SEC. 3. Purpose and Intent. The purpose of the Adult Use of Marijuana Act is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana. It is the intent of the people in enacting this act to accomplish the following: … (z) Authorize courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this act.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Test your DUI Legal Knowledge with 1.800.NoCuffs Quiz

Posted by Staff on November 4, 2016

See how strong your California DUI legal knowledge is with this 1.800.NoCuffs quiz. Here are five questions that take you through DUI arrest, blood and breath testing, and license suspension with DMV. Do you know your rights? Do you know what is legal and is not legal?

What you don’t know about drinking and driving could lead to you being arrested, so stay informed! Call 1.800.NoCuffs. Because no one looks good in handcuffs, unless you are into that sort of thing.

Have you see 10 Day DUI Aftermath Includes Denial Dance video?

DUI Aftermath Includes Denial Dance is brought to you by 1.800.NoCuffs and The Kavinoky Law Firm. Have you been arrested for DUI in California? How did you spend the next day days post arrest?

If you have been arrested in California and charged with Driving Under the Influence, you may be facing a criminal record, paying significant fines, and jail. Another significant consequence of a DUI arrest is losing your driver’s license. Even if you win your court case and are found not guilty of a DUI, you may have already lost your license as a result of the DMV’s administrative license suspension procedure.

Administrative per se (APS) hearings are not automatic. If you want a chance to fight to keep your license, you have to formally request a DMV APS hearing within 10 days after your arrest. You may have to look closely at your temporary license, which is the paper the police hands you after taking away your license in order to figure out how to go about requesting a hearing.

Of course, the easiest way to deal with a DMV hearing is to contact a criminal defense lawyer with experience in fighting DUIs as soon as you can so that he/she can file the hearing request. An experienced attorney knows how to quickly file a hearing request, who to contact, and what the complex procedures of an APS hearing entail. Another benefit is that your lawyer will be able to represent you in both the APS hearing so you can keep your license, and before the criminal proceedings, so you can keep a DUI conviction off your record.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Criminal Defense Attorney Darren Kavinoky Hosts Deadly Sins Season 6

Posted by Nicole Hanratty on October 26, 2016

1.800.NoCuffs founding attorney, Darren Kavinoky, is the creator and host of Investigation Discovery true crime series Deadly Sins. The show will be back for Season 6 in 2017.

Sweet Deadly Sins Season 6 news announced today! Watch Darren Kavinoky taking a bit of the Chocomize custom Deadly Sins chocolate below.

Founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, Darren Kavinoky, will be putting his criminal defense skills to work once again for Season 6 of his wildly popular true crime series Deadly Sins on the Investigation Discovery network.

via Marketwired:

“Deadly Sins, the tantalizing true crime show that breaks down crime to its deadly core, has had five sinfully successful seasons and announces today Investigation Discovery’s hit show will return for a 6th season. Season 6 promises to be bigger than ever as the show continues to draw audiences and engage viewers around the world. Darren Kavinoky, who made a surprise appearance at the network’s 2016 IDCon this summer, will also return to host the series. Deadly Sins season six is expected to air on ID in 2017.

Every episode recreates two ripped-from-the-headlines crimes that highlight the twisted tangled web woven from gluttony, greed, lust, envy, sloth, wrath and pride. ID’s Deadly Sins Season 6 will indeed thrill audiences with recounted devilish deeds. The church bells are being polished and host Darren Kavinoky is picking out his suit and tie to bring viewers the deadliest season yet. True evil lurks behind scandalous crimes and Deadly Sins’ misbehavior expert serves up the goods with his legendary “two scoops of crazy” quips and commentary.” See more: Marketwired. October 26, 2016. Retrieved via http://www.marketwired.com/press-release/investigation-discovery-renews-true-crime-series-deadly-sins-for-season-6-2169759.htm

Known for his frequent appearances as the on-air legal analyst, Kavinoky holds true to his commitment to bring clients of 1.800.NoCuffs facing arrest charges peace of mind.

Watch the “Sweet News” announced by 1.800.NoCuffs Attorney Darren Kavinoky

DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

5 Criminal Costumes That Will Lead to Arrest this Halloween

Posted by Staff on October 24, 2016

Attorney Darren Kavinoky gets "arrested" all in good fun at the annual CHP Christmas Party, December 2015. — Attorney Darren Kavinoky gets “arrested” all in good fun at the annual CHP Christmas Party, December 2015.

Want to dress up in one of the many criminal costumes available online this Halloween? Here are 5 Halloween costumes that make it a sure thing you will be calling 1.800.NoCuffs the day after your party.

Are you dressing like a criminal or sporting handcuffs for your costume this Halloween? Tweet @1800NoCuffs and @DarrenKavinoky your Halloween costumes with hashtag #CriminalCostumes.

1. Dress up like anyone on the FBI’s 10 Most Wanted List and you’re for sure headed to the slammer. [1]

2. Sporting clowns in the woods costumes and scaring children will likely lead to handcuffs. [2]

3. Head out in glasses wearing an NSA badge with a whistle around your neck with your best Edward Snowden look and be prepared to be frisked at the very least. [3]

4. Since the “’El Chapo’ extradition to US clears another legal hurdle,” (CNN) dressing up as the drug lord Joaquin “El Chapo” Guzman who could be on U.S. territory soon, might raise eyebrows and send you to the big house. [4]

5. The Convict Halloween Costume or The Jailhouse Hottie striped costumes from 3Wishes.com, could also land you in handcuffs. You can always call 1.800.NoCuffs for help… Unless you’re into that sort of thing.™ [5]

1.800.NoCuffs and The Kavinoky Law Firm will be carving up pumpkins to be judged by founding attorney Darren Kavinoky. Rumour has it the criminal defense lawyer will be looking for sharp evidence that employees carved up their Jack O’Lanterns themselves!

Footnotes
1. FBI. “Ten Most Wanted List.” Retrieved via
2. David Mack. August 29, 2016. Buzzfeed. “People Are Being Warned About Scary Clowns Luring Kids Into The Woods.” Retrieved via https://www.buzzfeed.com/davidmack/clowns-in-the-woods
3. Edward Snowden. Retrieved via https://edwardsnowden.com/.
4. Emanuella Grinberg and Rafael Romo. October 21, 2016. CNN. “’El Chapo’ extradition to US clears another legal hurdle.” Retrieved via http://www.cnn.com/2016/10/20/americas/el-chapo-extradition/index.html.
5. 3 Wishes.

DUI Attorney Los Angeles

Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Collateral Consequences of a Criminal Conviction

Posted by John Devendorf on January 26, 2016

As we mentioned in a prior blog posting, a criminal conviction remains on your record. This type of conviction can cause problems in a variety of situations. For example, those convicted of a criminal offense face challenges with job applications or applying for a new apartment.

Additionally, convictions for driving under the influence (DUI) remain on your California driving record for 10 years. Criminal convictions for DUI remain on your criminal record forever in the State of California. The only way to remove the conviction is to seal them through the process of expungement. Having a blemish on your criminal record is a huge hassle, even after completing your sentence.

Case Study in Criminal Convictions

A recent article in The Wall Street Journal highlights the plight of those criminally convicted. In this case, a man convicted of a criminal offense strikes out when looking for work.

This article details the plight of a convicted Ohio felon, Hashim Lowndes. When Mr. Lowndes applied for jobs after his release, he struggled. Unfortunately, upon his release, Mr. Lowndes had numerous “collateral consequences” of his felony drug conviction for trafficking cocaine.

According to the Journal, Mr. Lowndes may not “… vote, teach preschool, foster a child, operate a racetrack, cut hair, sit on a jury, provide hospice care, protect game, distribute bingo supplies, deal livestock, broker real estate—or, perhaps most salient to Mr. Lowndes, obtain a license to become a heating, ventilation, and air-conditioning technician.”

However, there were other restrictions, as well. “…more than 500 [restrictions], scattered throughout Ohio’s laws…” However, for Mr. Lowndes, in his efforts to get his life back on track, it was the inability to get an HVAC license that was most important.

“I was scared about taking out a $20,000 loan for a certification that I wouldn’t be able to use,” Mr. Lowndes said.

The number of job restrictions for those with criminal convictions is discouraging. It is incredibly important for a convicted felon to get and maintain a solid job. According to the Journal’s article, “[r]esearch shows stable employment greatly reduces the chances of a person convicted of crime breaking the law again.” These job restrictions are a penalty that contributes to future arrests and convictions. Which, sadly, reinforces a painful circle that can be difficult to break.

46,000 Collateral Consequences

The response to this dilemma has been slow. Furthermore, only a few states have created a process for convicted criminals to file court petitions to lift employment bans. Unfortunately, California is not one of them.

Worse yet, studies finding the collateral consequences of criminal convictions are just beginning. One of these studies, by the American Bar Association (ABA), has found more than 46,000 collateral consequences.

Approximately 60%-70% of these restrictions are solely on employment, according to Stephen Saltzburg, a law professor at George Washington University. Usually, it seems that many of these consequences surprise people. Many believe that once they serve their time, they are free to live their lives without restriction. Only, as of the today, Vermont is the one state with a law requiring criminal defendants to be informed of any collateral consequences they might face, should they plead guilty to a crime.

In the event that you face criminal charges, knowing the fines and jail time that you might face for a criminal conviction is extremely important. A conviction’s collateral consequences can be overwhelming, life-altering, and harsh. Moreover, a criminal conviction risks your freedom and future ability to earn. Review the ABA National Inventory of Collateral Consequences of Conviction (“NICCC”) for more details.

With this in mind, you should not face a criminal conviction alone. Work with the best criminal attorneys in California, we fight for your freedom. Call the Kavinoky Law Firm, at 1.800.NO.CUFFS, if you have any questions, or concerns.

Wiping the Slate Clean for California’s Homeless Population

Posted by John Devendorf on January 18, 2016

The homeless population in California is a critical concern for state lawmakers. According to the U.S. Department of Housing and Urban Development, California has one of the highest rates of homelessness, with a rate of 367 homeless per 100,000 residents. California accounts for over one-fifth of America’s total homeless population.

LA county saw an increase in the number of people living on the streets over the past couple years. According to the Los Angeles Homeless Services Authority, the homeless population increased at least 12% in two years. Key factors for the rise in homelessness include the lack of affordable housing and the economic climate after the recent recession. Mayor Eric Garcetti has said, “ending homelessness is one of my top priorities as mayor.”

Efforts to Reduce Homelessness

In attempts to discourage people, 58 cities in California enacted laws aimed at the homeless. Los Angeles and San Francisco have some of the most restrictive regulations, against such activities as panhandling, sharing food, or sleeping in a public place.

As a result of the criminalization of homelessness, many transient people receive citations for things like “illegal camping.” These citations come with fines. When the fines are not paid, additional penalties pile up, and a warrant is issued. If caught again, they may face an arrest for the warrant, and possible jail time, as well as a mark on their criminal record. Advocates argue that these citations are a waste of city resources.

Mike Feuer apparently agrees. Feuer, the City Attorney for Los Angeles has announced a new program that would give those with minor citations a clean slate. The $270,000 program would wipe away minor citations and fines if the homeless accept job training, drug and alcohol treatment and perform community service.

Feuer said the program is intended to give the homeless better access to jobs and housing, relieving them of the barriers created by unpaid citations. The tickets and citations would be administratively removed without the need for formal court appearance. The City Attorney’s office will conduct clinics in various locations around Los Angeles County, for the next three years.

Advocacy for California’s Homeless Population

Advocates don’t think the program is enough, and would rather see law enforcement back off from issuing homeless citations in the first place. In effect, saying, homelessness is not a crime. Currently, there are several challenges in court calling the laws unconstitutional. The U.S. 9th Circuit Court of Appeals struck down one Los Angeles municipal code against lodging in a vehicle. The law is now arbitrary and discriminatory against the homeless and the poor.

There have been some high profile cases of heavy fines involving people feeding the homeless in Texas and Florida. One woman in San Antonio received a fine for $2,000 for handing out food on the street. When interviewed, she claims the law infringes on her religious rights. Many California cities have similar bans against sharing food, which may involve offering food to the homeless.

With this in mind, a state program addressing mounting citation debt will go into effect on 10/1. For tickets issued before January 2013, the program would eliminate up to 80% of citation-related fees. The program also reinstates driving privileges related to unpaid infraction debts. However, the state-wide program would only reduce the debts, and does not address post-2013 citations.

Legal Expertise

The Kavinoky Law Firm stays up to date on current legal events so as to best serve you. Our top criminal defense attorneys in Los Angeles make sure to be available 24/7, 365 days a year. Call any time, day or night, our experienced attorneys are standing by to help you with your case. Find a criminal defense attorney in our area – call 1800NOCUFFS.

Top Times and Dates for California DUI Arrests

Posted by John Devendorf on January 13, 2016

Make no mistake, there are popular times and dates for California DUI arrests. Although, technically, there is no right or wrong place at the right or wrong time to drive drunk.

It may be the one time they drank one too many beers with co-workers at happy hour, or the one time that a headlight burnt out, which cause the police to pull their car over. Although cops in California don’t necessarily have to look too far to find drivers under the influence of marijuana or alcohol, there are certain times and dates when law enforcement are on higher alert to target impaired driving.

Weekends are Popular Times

It may seem obvious, but weekends and weekend activities seem to coincide with drinking and driving. After a long work week, many people like to relax on the weekends, and enjoy time with friends and family. This may include afternoon BBQs where people can enjoy cold beer in the sunny California weather, or a night out dancing till the wee hours. But at some point, people have to go home.

Some drivers make the short drive home if they drank more than they intended or didn’t arrange for a safe ride home. Most people just want to sleep in their own beds.

However, police officers are on the lookout for impaired driving, especially on the weekends. When there may be daytime weekend events like football games, or holiday barbecues, law enforcement may be on higher alert for daytime intoxicated driving. Otherwise, law enforcement are well aware that weekend evenings will see a high rate of drivers heading home after having too much to drink, smoke, or otherwise consume intoxicating substances.

Late Night to Early Morning Hours

Late night or early morning is the time when roads have an increase in drivers under the influence. After all, when the bars close, the patrons have to go somewhere. It’s worth noting that many people who frequent bars keep their alcohol consumption limited or ensure a ride home. Others still feel okay to drive although technically over the limit.

The police know peak times for impaired driving, and are on the lookout for cars exhibiting erratic driving. Even if it is a minor traffic violation the police can stop a car. When a driver is pulled over early in the A.M., the police may be looking for signs of drug or alcohol consumption. If a police officer suspects a DUI, it may lead to field sobriety testing and/or a field breathalyzer.

Holidays

According to the National Highway Traffic Safety Administration, holidays can be peak periods for drinking and driving. The Fourth of July holiday, is often among the dates with the highest rates of alcohol-related accidents. The book ends of summer, Memorial Day and Labor Day, are also busy dates for law enforcement. Even the holidays of Christmas and Thanksgiving are active DUI arrest events. The night before Thanksgiving, also known as Black Wednesday, is one of the busiest nights for bars. As a result, ti is also one of the busiest nights for DUI arrests.

Before You Decide to Drink and Drive

Understandably, most drivers may not think about the times and dates for an increased chance of DUI arrest. However, statistics of alcohol-related accidents is well known to law enforcement. Drunk-driving figures are public knowledge to Police Departments, Sheriffs and the California Highway Patrol. With this knowledge in mind, they often target possible impaired drivers for DUI arrests during these times.

Police may also conduct sobriety checkpoints around these times and dates. According to law enforcement, DUI checkpoints serve two purposes. They catch impaired drivers, and also discourage drivers from getting on the road after too many drinks.

Get Help with DUI Arrests

You don’t have to do this alone! Call California’s Top DUI attorneys with The Kavinoky Law Firm to stand by your side and defend your case. We employ the best criminal defense attorneys in the state so that we can provide you with the best defense possible. Call 24/7 – we don’t sleep – so you can.

How Police Dash Cameras Can Help Win Your DUI Case

Posted by John Devendorf on January 11, 2016

Police dash cameras are not just for recording the world’s wildest police chases. In many cases, the police and prosecutors use the video evidence in investigations or at trial. Additionally, the video footage from a police vehicle can be to your advantage. In one case, the dashboard video actually helped a Utah man out of a very tough spot.

Standardized Field Sobriety Tests

During traffic stops where the California Highway Patrol suspects the driver of being under the influence of drugs or alcohol, they will try to have the driver submit to field sobriety tests. The three primary Standardized Field Sobriety Tests (SFSTs) include an eye test, the walk-and-turn test, and the one-leg-stand test. The CHP and police officers use these tests against drivers as alleged evidence of their intoxication.

What happens when the police lie about sobriety tests? It is possible for a policeman to claim a failed field sobriety test even if there was not an administration of test with a driver. Good thing we have police dash cameras.

Gavin Gabor’s DUI Case

Gavin Gabor of Layton, Utah was pulled over by the Utah Highway Patrol in August of 2013. Trooper Neil Green told Gabor that he was pulled over for failing to signal a lane change. The next thing Gabor knew, he was being arrested for driving while impaired, and taken to jail.

The young driver wanted to fight back against the DUI arrest, and got a copy of the police report. He noticed the report indicated he’d failed field sobriety tests, but the problem was that Gabor knew he never did any such tests. During his administrative license suspension hearing, Gabor questioned Trooper Green about the field sobriety test error, and Green said he did the walk-and-turn and one-leg-stand tests. When the ALS- hearing officer sided with the state trooper, the state suspended Gabor’s license for 6 months.

However, Gabor did not give up. He next requested a copy of the dash camera footage from his arrest. It became clear, after reviewing the video, that there was no performance of a field sobriety test whatsoever. The prosecutors dismissed Gabor’s DUI charges once they saw the video evidence. Sadly, it took two years for Gabor to move happily away from his DUI nightmare. However, with video evidence to prove Gabor did not commit the crime, Gabor still had to pay for his supposed crime. He paid over $1,000 inimpound fees, license reinstatement fees, and costs for his title release.

False Reporting and Police Dash Cameras

Once it became clear that Green falsely reported a field sobriety test, and said the same in an ALS hearing, law enforcement began an internal investigation into Green’s arrests. When questioned, Green stated he must have made an error in the report. While the investigation was going on, Green decided to resign from his position with the Utah Highway Patrol, which made it more difficult for investigators to question him.

Later on, another woman found justice. The video evidence of her arrest gave her exculpation due to inappropriate conduct. The video footage showed that Green wasn’t telling the truth about observing the woman for 15 minutes before taking a sobriety test, as required by Utah law. The court overturned her charges on appeal.

After the investigation, internal affairs concluded they didn’t have enough evidence to prove Green intentionally lied on the report. However, there was enough evidence to show he was sloppy in his reporting. As a result, the district attorney’s office decided not to prosecute cases that relied solely on Trooper Green’s arrest reports.

If You’re Arrested

Don’t fight it alone! Give us a call at The Kavinoky Law Firm, 1-800-NO-CUFFS, 24/7. We have lawyers that work around the clock just to ensure a great DUI defense for you. Since we are comprised of the top attorneys in Los Angeles we are your best chance of fighting a conviction and maintaining your freedom.