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Research Suggests Uber Reduces DUI Deaths

Posted by John Devendorf on

As California lawmakers continue to fight with Uber, the ride-sharing company continues to grow.

Many fans of the app-based services prefer Uber or Lyft over taxis, citing the ease of use, simple payment system, and availability. There are now more options than ever to avoid driving under the influence. These companies note that their services contribute to a decrease in DUI deaths.

Independent Research Proves the Theory

Temple University Study

Now, an independent study from researchers at Temple University appears to back up Uber’s claims. The research paper, titled “Show Me the Way to Go Home: An Empirical Investigation of Ride Sharing and Alcohol Related Motor Vehicle Homicide,” looked at the entry of Uber services along with the rate of alcohol-related motor vehicle homicides. According to their results, the entry of Uber into markets in California between 2009 and 2013 suggests a significant drop in the rate of motor vehicle homicides during that time.

The research, conducted by Temple business professors Brad Greenwood and Sunil Wattal, finds a decrease in drunk driving deaths of between 3.6 to 5.6 percent. The possible reasons for this reduction appears to mirror the reasons behind customer preference of the apps over traditional taxis: cheaper prices and easier access.

MADD Study

Uber makes similar claims about the link between their service and a decrease in drunk driving. However, those claims receive more skepticism. “More Options. Shifting Mindsets. Driving Better Choices,” a study done in conjunction with Mothers Against Drunk Driving (MADD), supports this claim as well. Their report finds that drunk driving crashes fell by 60 per month in California among drivers under 30.

The report indicates that having more options for a ride home is empowering people to make better choices In Miami, Florida, Uber ridership peaks around the same time as peak drunk driving crashes. Pittsburgh shows a peak in ridership around 2 a.m., closing time for bars. Uber also reports a decrease in drunk driving arrests by 10% in Seattle. The reduction follows the introduction of their service in the city. Critics claim thhe car service overstates the correlation.

In addition to analyzing ridership and accident rates, a sample survey in the largest cities operation shows some interesting statistics. It reveals close to 88% of respondents over 21 agree with the statement that Uber has made it easier for them to get home after having too much to drink. Additionally, 78% said their friends are less likely to drink and drive after Uber’s arrival.

Other independent analysis appears to support the idea that after Uber or Lyft come to town, people have more ride options. More ride options apparently lead to a decrease in the amount of drunk driving. Philadelphia notes a similar decrease in DUIs, especially in those under 30 years old after the introduction of rideshare.

Rideshares like Uber Still in Hot Water

Of course, many remain skeptical of such information. Time will show the reality of these claims. In fact, the long term effects of rideshare availability remain uncertain. In the meantime, the car company faces suspension and a $7.3 million dollar fine. They’re facing penalties in California for not turning information over to the California Public Utilities Commission.

The Kavinoky Law Firm

If you find yourself arrested on suspicion of a DUI, don’t fight it alone. Call Darren Kavinoky and his team of DUI lawyers at 1.800.NO.CUFFS. We staff the top DUI attorneys in California and we are here to represent you. Call 24/7. We don’t sleep – so you can.

Sting Operations Catch Drivers After DUI Court

Posted by John Devendorf on

After a DUI arrest, it is possible to fall prey to police sting operations. Sadly, it’s not nearly as cool as it sounds.

Drivers do all they can to avoid any future run-ins with police when facing jail time, a suspended license, and/or a possible criminal conviction. 

Stings Happen

The first court appearance is your first impression. Dress professionally and behave accordingly to ensure your best foot stands forward with the judge. However, if you learn you no longer have driving priledges, make sure you have a ride home. Because the police may be waiting outside to make sure you don’t get behind the wheel of a car.

Police officers and sheriff’s deputies indeed do set up sting operations to catch people driving on a suspended license after a DUI. Recently, Sheriff’s deputies from Orange County set up such an operation at the Orange County Superior Court in Newport Beach. On the sting, they kept an eye out for drivers under driving restrictions. Deputies followed 15 people to the parking lot after their DUI hearings, and 4 of those people hopped into their cars to drive away.

The drivers not legally allowed to drive receive a citation and the city impounds their cars for 30 days. This is not the first time OC sheriffs have performed these DUI court stings. With money from the California Office of Traffic Safety, they may continue such operations as a deterrent to driving on a suspended license after a DUI.

Multiple Cities Conduct Stings

Thousand Oaks

Orange County is not the only location trying out these sting operations. Recently, deputies from the Thousand Oaks Police Department’s Traffic Bureau staged a sting at the Ventura County Superior Court. Deputies watched the proceedings of several DUI cases one day. Once certain individuals lost their licenses, the police kept an eye on them, waiting to see if they got in the driver’s seat.

While most of the defendants made sure they found another ride home, one individual got into his car, and drove away from the courthouse. Deputies immediately stopped the driver, David Russell Foshee, 58, of Camarillo. In addition to facing possible jail time for driving on a suspended license, his license may get an additional suspension period. Additionally, his car must sit in impound for 30 days. Foshee added the even was a “tremendous personal embarrassment and humiliation.”

Palm Desert

Last year, officers from the Palm Desert Police Department caught two drivers on a suspended license after they left DUI court in Indio. After drivers were told their license were suspended as a result of their DUI arrest, the police were waiting in the wings. The extra jail time, extended license suspension, and financial burden of a 30-day impound can be a harsh addition to the penalties that come with a DUI.

San Rafael

Similar sting operations pop up even in San Rafael. For instance, an event occurred earlier this year. Two people were arrested at the Marin County Superior Court after driving away on suspended licenses following a DUI. Unfortunately for one of those drivers, after their vehicle was stopped, police found marijuana and forged credit cards.   

Sting Operations Can Happen to You

For many people arrested for a DUI, they are unaware that their license will be automatically suspended. Unless you file for an administrative license suspension hearing, this will be the case.

The ALS hearing must be requested within only 10 days after a DUI arrest. It’s such a quick time frame, so it escapes most people. Your DUI lawyer can not only request the hearing in a 10-day-letter, but can represent you at the hearing. Hire the best lawyer you can, call the experienced DUI attorneys at The Kavinoky Law Firm at 1.800.NO.CUFFS so you can keep your license, and avoid a DUI court sting.

How to Keep Driving After Your License Gets Suspended for DUI

Posted by John Devendorf on

License suspension is one of the most inconvenient punishments of a DUI conviction.

Additional Punishments for DUI

You face many different penalties if you receive a guilty verdict of driving under the influence (DUI) in California.

These penalties include:

  • suspension of your driver’s license,
  • fines,
  • jail time, and
  • mandatory drug or alcohol rehabilitation classes. While these legal penalties seem overwhelming, they often lead to other problems. These “indirect punishments” are often much worse than the actual legal penalties.

For example, if you get convicted for DUI in California, you will face a 6 month license suspension, if it was your first drunk driving offense. While difficult to deal with on its own, losing your driver’s license for 6 months – especially in such a driving-intense part of the country as California – can lead to other problems, too. If you need to drive to work, like nearly everyone in the state, losing your license can seriously impact your employment. Even if you don’t lose your job, you’ll be facing a difficult 6 months getting to and from work, relying on public transportation, or on friends and family. This can make you stressed, and can create tension in the personal relationships that matter the most.

There are ways to prevent this.

California Restricted Driver’s License

In California, you can get a restricted driver’s license after serving 30 days of your license suspension for your first DUI conviction. This restricted license allows you to drive to, from, and during work, as well as to and from any rehabilitation classes that you’re required to attend as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

Follow These Guidelines following License Suspension:

  • enroll in a rehabilitation program,
  • serve 30 days of your license suspension, and
  • file an SR-22 form, showing that you have insurance.

Once you’ve done this, you can go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

Sometimes, courts require installation of an Ignition Interlock device in your car. This allows the driver to drive on a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Unfortunately, a restricted license punishment not optional in some cases. For example, it is not an option if you refuse to take a breathalyzer at time of arrest for DUI. Additionally, failure to complete your rehabilitation classes also results in your license revocation.

While the restricted license does limit where and when you can drive, it does allow you to get to and from work. This transportation can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life. Call the DUI lawyers at The Kavinoky Law Firm. We have the top criminal defense lawyers in Los Angeles.

1.800.NO.CUFFS for a free consultation.

Examining California DUI Penalties

Posted by John Devendorf on

California DUI penalties vary from strict to severe. You are not alone in the fight for your freedom from a DUI conviction. Learn more about the penalties in the state.

A Popular Crime in the U.S.

DUI is one of the most common crimes committed in the United States. In fact, in 2012, over 1.28 million drivers were arrested in the United States for DUI – 1 for every 165 licensed drivers in the country. With so many people arrested for DUI, you really need to be aware of the criminal penalties that you could face for having one too many drinks and deciding against taking a cab home.

Driving under the influence is a state crime, so penalties vary from state to state. Compared to other states, California’s DUI penalties are light on fines, but carry significant jail time:

In 10 years, this was your… Fine Jail
1st Offense $390 – $1,000 4 days – 6 months*
2nd Offense $390 – $1,000 90 days – 1 year
3rd Offense $390 – $1,000 120 days – 1 year

*At least 2 days of jail time must be continuous. The remaining jail time may be during non-working hours, at the court’s discretion

Additional California DUI Penalties

In addition to fines and jail time, California’s DUI laws require you to take drug or alcohol rehabilitation classes. These classes have different sections for those convicted of DUI for the first time, those who were convicted for their second or a subsequent DUI offense, and for those who were convicted of “wet reckless” charges – reckless driving with a measurable blood alcohol content (BAC). California DUI penalties have a range of participation. These classes can take a substantial time period to complete, with three-time DUI offenders having to participate in a 30-month program.

The city of conviction directly affects your penalties. If the conviction occurs in Sacramento, Tulare, Los Angeles, or Alameda counties, things change, and you should consider talking to an experienced Tulare, Los Angeles, Alameda, or Sacramento DUI attorney. These cities require an Ignition Interlock Device (IID) in your car for a minimum of 5 months.

These penalties are only minimums, however. They rapidly increase when other factors interact. Other factors include an exceptionally high BAC or driving with minors in the car. Additionally, if the driver creates an accident with another vehicle, then the courts consider the extend of damage and injuries.

Unfortunately, even after dealing with the fines and jail time associated with the arrest, criminal convictions linger on your record, and can make any subsequent arrest much, much worse. This is especially true in California, where neither the state’s laws nor state judges look sympathetically on what they see as “repeat offenders.” With this in mind, preventing the first conviction becomes all the more important.

Kavinoky Law Firm

One of the best ways to ensure safety from conviction for your first DUI in California is to hire an excellent criminal defense attorney. Specifically, one of the best, most experienced, attorneys in the field of DUI defense in the state.

At the Kavinoky Law Firm, we don’t have just one of the best: We have an office of the best. All of our DUI attorneys have extensive knowledge of all matters of criminal law. Their expertise ranges from DUI cases to murder trials. Additionally, with offices throughout California, we’re ready to fight for your freedom in any court in the state. Call us for a free consultation: 1.800.NO.CUFFS

Drugs in and out of California Prisons

Posted by John Devendorf on

More than 100,000 Californians are currently in California prisons. Nearly 10,000 alone are located in the Los Angeles central jail system, the country’s largest prison.

Many of those serving sentences are doing so for drug crimes and some of them for minor drug offenses. Before Prop 47 passed, even more people served time for small-time drug crimes. Prop 47 serves to reduce a number of minor drug from felonies to misdemeanors. Unfortunately, according to recent statistics, drugs don’t just put people in prison. Drugs also release inmates from prison through drug overdoses and deaths.

California Prisons: Inmates & Drug Overdoses

Over 150 California prison inmates died of drug overdoses in the past ten years. That number is three times the national average. Thus, it requires the discussion regarding the prevalence of drugs in the state’s prisons. Jeffrey Beard, Secretary of the California Department of Corrections and Rehabilitation, told state legislators that illegal drugs are rampant in the prisons. The Department is spending $8 million on anti-drug activity. This funding includes drug-detecting scanners, drug-sniffing dogs, and strip searches of any suspicious visitors.

So far, the drug-detecting efforts reveal very few results. Since December of last year, more than 6,000 scans of visitors and prison employees returned a sum total of zero drugs. Rather, it has prompted civil rights advocates to speak out against the new policies. False alarms by drug-sniffing dogs, and the drug scanners may lead to strip searches that go too far.

Lawmakers have added language to the current California budget plan to end strip searches, and re-evaluate the anti-drug efforts. According to Democratic Senator, Loni Hancock, “It’s a humiliating process, can be easily used to humiliate and demean people, and was only for visitors, often women.”

The decision to use dogs to search humans rather than empty rooms prompted the former canine program coordinator to resign. Wayne Conrad was critical of the expenses related sending the dogs for training in Pennsylvania, and the use of less reliable breeds. Conrad was concerned about the likelihood of false positives. “The dogs are going to start alerting on people whose kids are smoking dope,” he said. “The next thing that’s going to come is the lawsuits.”

Alternative Plans

Jeffrey Beard is seeking alternatives to strip searches. He comes to the California prison system after more than 10 years in Pennsylvania corrections department. Pennsylvania has a rate of one drug or alcohol related death per 100,000 inmates, while California’s rate is eight times as high. Beard wants to send a message to people not to smuggle drugs into prisons. “If we don’t do this, we’re going to have people keep dying, we’re going to have continued violence in the prisons,” said Beard.

In 2013, 24 prisoners died from drug overdoses. Prisoners can easily spread disease through the use of intravenous needles. The same year, 69 inmates died from hepatitis C, largely spread as a result of IV drug use. Other states with large prison populations saw a similar rate of 1 death per 100,000 prisoners, including Texas, Florida, Ohio, Illinois and Georgia. On the other hand, Maryland had by far the worst death rate with 17 deaths per 100,000 inmates.

Only about 5% of visitors and employees receive a drug scan using  ion scanners. Ion scanners are the same devices in airport screening for bomb detection. In Pennsylvania 20% of employees and 68% of visitors go through scanners before they enter the prison.

Stay Up to Date

The Kavinoky Law Firm employs the best and brightest so that we can fight for your freedom. Should you find yourself in need of a crime attorney or DUI attorney, call us first. Keep yourself out of the California prisons. Call anytime 24/7 – we don’t sleep – so you can. 1.800.NO.CUFFS is the number you need to remember.

How to Keep Driving After License Suspension for DUI

Posted by John Devendorf on

License suspension is a common penalty if for those caught of driving under the influence (DUI).

DUI and Associated Penalties Include Your License

In California, those penalties include a suspension of your driver’s license, fines, jail time, and mandatory drug or alcohol rehabilitation classes. While these legal penalties can seem like a lot, they often lead to other problems, as well. These indirect punishments often make the DUI penalties seem trivial.

For a first DUI conviction offense in California, you face a six-month license suspension. A suspension in a driving-intense part of the country as California is challenging. Additionally, this penalty potentially leads to ancillary problems.

If you need to drive to work, like nearly everyone in the state, license suspension can cost you your job. Even if you don’t lose your job, a six-month period of no car, is a major hassle. Getting to and from work, relying on public transportation, or on friends and family to get you where you need. This causes stress and creates tension in the personal relationships that matter the most to you.

Prevent a Loss of License

In California, for your first DUI conviction, it’s possible to regain driving privileges. First, you serve out 30 days of the suspension and then you may apply for a restricted license. This restricted license allows you to drive to, from, and during work. You may also drive to and from any rehabilitation classes as part of a legal requirement as part of your DUI conviction. While this doesn’t mean that you have complete driving privileges, it does take much of the strain off of not being able to drive after a DUI conviction.

To get a restricted driver’s license even with a license suspension:

  1. Enroll in a rehabilitation program,
  2. Serve 30 days of your license suspension, and
  3. File an SR-22 form, showing that you have insurance.
  4. Next, go to a Department of Motor Vehicles (DMV) office and pick up a restricted license after paying the $125 DMV reissue fee.

There are cases in which courts require the installation of an Ignition Interlock Device (IID) in your car.  Once the IID is in place, and all other requirements as well, the court grants a restricted license. This device is, essentially, an on-board breathalyzer that requires a breath sample in order to start your car.

Exceptions to the Rule

Unfortunately, getting a restricted license is not an option if you refused to take a breathalyzer when you were arrested for DUI. Additionally, failure to complete your rehabilitation classes will result in your restricted license being revoked.

While the restricted license does limit where and when you can drive, it also allows you to get to and from work, which can be the difference between keeping and losing your job. Don’t let a DUI conviction ruin your life.

Call 1.800.NO.CUFFS for a free consultation with a criminal defense attorney. Call us 24/7. We don’t sleep – so you can.

Would You Buy a Drunk-Driver Proof Car?

Posted by John Devendorf on

There now exists the concept of a drunk-driver proof car. Have you heard of it? Many people wait eagerly in anticipation of this vehicle, but let’s make sure we have all the facts.

Drunk-Driver Proof Car

Would you buy a car that has an alcohol sensing device installed to prevent intoxicated individuals from driving? It may be coming soon to a vehicle near you.

The National Highway Traffic Safety Administration (NHTSA) and a group of automakers and suppliers are working to create something new. They’re creating a device, they claim, is a Drunk-Driver Proof Car. This car supposedly prevents drunk drivers from even starting a car. The Automotive Coalition for Traffic Safety (ACTS), represents 17 car manufacturers and the NHTSA. These organizations want to see a specific device in all cars, an in-vehicle technology to prevent alcohol-impaired driving.

The two types of potential technology to do this include chemical breath and touch sensors. Known as the Driver Alcohol Detection System for Safety (DADSS), these devices automatically shut down the car if the driver’s alcohol level exceeds the legal limit of 0.08 percent blood alcohol concentration (BAC).

The breath testing system involves sensors placed in the driver’s side door or in the steering wheel. Once the driver enters the car, a beam of infrared light analyzes molecules in the driver’s breath. this analysis then determines the level of alcohol in the system. A Swedish automotive technology company initially brought the infrared light system to the market to test for terrorist bomb-making materials.

An alternative DADSS system would use a touch sensor on the ignition button or gear shift to shine a light onto the driver’s finger to analyze the driver’s alcohol level. According to car makers, these systems will be available as an optional addition to cars sometime in the next 5 to 8 years. The NHTSA says that there are currently no plans to make these systems mandatory, but they may be installed in government vehicles and fleets.

Lawmakers and Lobbyists

Some lawmakers are applauding a future without drunk drivers. Nita Lowey, a Representative from New York said the program has amazing promise, and could be the new auto safety advance, taking a permanent seat in the vehicles of the future along with seat belts and airbags.

However, the alcohol and restaurant lobbies aren’t fans of these systems which they say wouldn’t stop drunk driving. Case in point, Sarah Longwell, of the American Beverage Institute worries that these systems may stop responsible drivers who’ve only had one or two drinks. “The fact is there is a lot of discussion right now about lowering the legal limit from 0.08 to 0.05. That would put a 120 pound woman in a situation where she could get arrested for a DUI after a single glass of wine with dinner.”

The Ignition Interlock Device: Ahead of The Drunk-Driver Proof Car

An earlier version of this type of technology is already in operation. Some drivers with a DUI in California use an ignition interlock device (IID). Following a suspended or revoked license, in order to drive again, many must install an IID.

The IID is a device that requires an alcohol-free breath sample in order to start the engine. It also requires periodic samples while driving, and it records any failed breath samples. The device is currently mandatory for DUI violators in four counties: Alameda, Los Angeles, Sacramento, and Tulare. However, some lawmakers want the program to go statewide. Although, with the adoption of an alcohol detector in all cars, the IID could become obsolete.

Don’t Fight Alone

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

When California Car Crashes Lead to Murder Charges

Posted by John Devendorf on

Car crashes rank among the scariest events on the road. Anyone who has been in a car accident is familiar with the feeling that comes immediately after the car has come to a stop.

First you check yourself and your passengers to make sure you’re okay. Then you may check your car, and the people in the other car. If everyone is okay, then you’ll think about the major headache to come, with calling the police, reporting the accident to the insurance company, and dealing with a damaged car. However, in some cases, if another person is seriously injured or killed, you may face criminal charges.

Accidental Car Crash

Most car crashes are just that, they’re accidents. Additionally, in most cases, people involved in an accident leave and head home without any criminal charges. However, circumstances change depending on what the driver was doing at the time of the accident. In the case where a person dies, the driver may face manslaughter or even murder charges.

Some California drivers have recently found themselves charged with murder after a car crash, due to:

  • Drunk Driving
  • Street Racing
  • Road Rage

A Few Notable Examples

Brian Jones

Brian Jones, a man in Livermore, California was involved in a car accident killed a 46-year-old woman and her 14-month-old daughter. According to reports, Jones was under the influence of alcohol driving at speeds of 75 to 99 miles per hour through residential streets, when he lost control of his car. The car went off the road, and hit the woman and her daughter, before crashing into the back of an apartment patio area, where two other children were injured.

Jones blew a blood-alcohol level of 0.14 percent, almost double the legal limit of 0.08 percent. He was charged with two counts of murder and two counts of DUI causing injury. Jones decided to plea not guilty, and is being held in jail without bail. Due to his plea, Jones currently faces a potential sentence of life in prison.

Even for drivers who are not under the influence, car crashes and reckless driving can put them in jail facing murder charges. The Fast and Furious movie franchise shows the exciting side of street racing. Sadly, the film does not play up the possibility of real prison time if a person loses their life. A young man in Orange County now knows the dangers of street racing.

Alec Abraham

Alec Abraham, 20-years-old, of Costa Mesa faces charges of a hit-and-run crash. Unfortunately, this crash that killed a 54-year-old woman and her 2-year-old granddaughter. Deputy District Attorney Stephen Cornwell said Abraham ran a red light. He then crashed into a another vehicle where the two victims were killed. Abraham also injured two others. One account claims Abraham even looked into the victim’s car and then left. Reportedly, he asked to borrow a bystander’s cell phone then ran away with the phone. Officers arrested Abraham the next day.

The car crashes may stem from a street race between Abraham and another unidentified driver. Initially, the state charged Abraham with two counts of vehicular manslaughter with gross negligence. However, the state later upgraded the charges to murder counts. According to Cornwell, this upgrade found roots in some new evidence and witness statements.

Car Crashes: Intent or No Intent

In these cases, the state is not trying to show that the drivers held intent to kill. They, however, do wish to prove the drivers’ reckless behavior created a high risk for death of another.

With that said, however, a California woman is likely facing murder charges for causing fatal accident. Allegedly, she intentionally ran over a motorcyclist in what CHP officers are calling a road rage incident.

Darla Renee Jackson allegedly got into some disagreement with a man on a motorcycle. They went back and forth along the I-5 in San Diego, onto the State Route 54 near National City. According to the CHP, Jackson hit the motorcycle from behind, and then ran over the driver, who later died. Jackson now may be facing murder charges.

Ask for Help

If you find yourself on the wrong side of the law and in need of a criminal defense lawyer, call The Kavinoky Law Firm. Our experienced lawyers practice all parts of defense and keep up-to-date on the latest legal proceedings.

1.800.NO.CUFFS

 

California Sex Offenders Penalties Increase

Posted by John Devendorf on

California sex offenders face some of the toughest penalties in the country.

As such, part and parcel of punishment for sex crime conviction is to join the sex offender registry for life. as Megan’s Law allows for much of the personal information of a sex offender to be publicly available.  Of course, some civil liberties groups and convicted sex offenders want to see change. They argue that a one-time conviction should not remove all future opportunities. However, the general public supports tough penalties, and may even be pressing for further restrictions.

Penalties for California Sex Offenders

Penal Code § 290 requires convicted sex offenders to register as such. Registration takes place in their city or with the sheriff’s department directly. Additionally, law requires the offenders check in every year on their birthdays and with any change of address.

Convictions which may require registration include:

  • Sexual Battery;
  • Rape;
  • Indecent Exposure;
  • Lewd Acts with a Child;
  • Child Pornography Crimes; or
  • Child Molestation.

Although the laws are strict, there are a few exemptions. Indeed some people convicted of sex crimes do not have to register as sex offenders.

Discretion of Judges to Lift Registration

Judges have the discretion to spare some adult offenders from the lifetime sex offender registration. This discretion occurs when the offending sexual intercourse was non-forcible. For example; a young adult who has consensual sex with someone underage may not face the requirement. After all, the registry is a truly life-altering sentence.

In 2006, discretion for judges was expanded. Here, a California Supreme Court decision gives judges more leeway in cases of oral sex.  Judges received leeway to be treat oral sex differently than full intercourse.

Discretion Lifted

However, that said, the same court changed their position earlier this year. A convicted sex offender who was not required to register based on a judge’s discretion. Sadly, the man violated his probation by working with teenage girls in the Miss Rio Linda Pageant. Those young girls faced exposure to a sex offender. As a result the court claimed judges were applying their 2006 ruling too broadly. They state it wasn’t intended for older defendant engaging in sexual activity with much younger victims.

In this case, the offender was 48-years-old at the time. He received a conviction for oral copulation and penetration with a foreign object of a 17-year-old girl.

More Prison Time

Taking back discretion is not the only place the law is coming down even harder on sex offenders. A California state senator introduced a bill to increase prison time for sex offenders who remove GPS trackers. Sen. Patricia Bates of Laguna Niguel authored the bill that cruised through the senate with unanimous support. SB 722 make it a felony for the highest level of sex offenders to disable or remove required GPS bracelets. Violation includes up to 3 years in prison.

The bill was introduced after two homeless sex offenders kidnapped and killed four women from Anaheim and Santa Ana. They served a few months in prison previously for cutting off their GPS bracelets. Determined as they were, they did this twice.

Unemployment and Poverty

The laws limiting where sex offenders can live, increasing penalties, and requiring lifetime registration are popular with the public. However, the real-life impact of such laws could bring about a lifetime of unemployment and poverty for convicts. Many of whom have a hard time finding employment after they serve their sentence. Additionally, many are forever shunned by the communities where they live.

Frank Lindsay received a conviction of lewd and lascivious acts with a minor under 14-years-old when he was 26-years-old, in 1979. After serving his sentence and probation, he tried to move on with his life. In 1996, the creation of the public federal sex offender list put Lindsay’s name online. Of course, his life hasn’t been the same since. Neighbors and business contacts no longer treat him the same way, and one man even threatened him after breaking into his house.

Due to his experience, Lindsey takes part in an organization called California Reform Sex Offender Laws. In part, their mission is to create a tiered system for California sex offenders. This ensures that those each offense receives a different level of punishment. They argue that one person with a conviction of public nudity is not in the same category as violent rapists. Civil rights advocates argue public registries do not reduce sexual crimes or recidivism. Now, an estimated 6,000 registrants of convicted California sex offenders may be homeless, and as a result, difficult to monitor.

Get the Help You Need

The Kavinoky Law firm hires only the most experienced criminal defense attorneys in Los Angeles. If you find yourself facing a criminal conviction, don’t do it alone. You can call us anytime 24/7, 365 days a year. We don’t sleep – so you can.

Some Forensic Science Found to be Less Than Scientific

Posted by John Devendorf on

A Test of Bad Forensic Science

Before the advent of DNA testing, U.S. law enforcement relied on a number of different bad forensic science techniques to connect people to crimes. Such as, handwriting samples, microscopic hair analysis, and even bite marks. As may be expected, some of these sciences are not always completely accurate.

Recently, the FBI teamed with the Department of Justice (DOJ), the National Association of Criminal Defense Lawyers (NACDL), and the Innocence Project. The teams released an announcement that they concurrently and separately reviewed microscopic hair analysis cases. The result of these cases is disconcerting. In fact, it’s downright alarming.

A Difference of Opinion

According to the FBI’s press release:

“FBI microscopic hair analysts committed widespread, systematic error, grossly exaggerating the significance of their data under oath with the consequence of unfairly bolstering the prosecutions’ case.”

As Slate Magazine so aptly puts it: “The FBI faked an entire field of forensic science.” The result is, according to University of Virginia law professor Brandon L. Garrett, a “mass disaster.”

The “faked,” or bad forensic science involved microscopic examinations of hair found at the scene of a crime, as well as the hair of a suspect. In fact, this was a common practice of law enforcement for nearly thirty years. That is, until 2000, when the FBI started examining full DNA rather than just the hair itself. The DNA analysis works much better.

In reality, the microscopic hair examination technique barely worked at all, if ever. Even the Committee on Identifying the Needs of the Forensic Science Community called the practice “highly unreliable.” Nonetheless, FBI forensic experts commonly testified in trial that the technique not only worked, but was enough to prove a suspect’s guilt.

Too Many Defendants

According to the FBI’s own report, too many scientists miscalculated the results. Twenty-six out of twenty-eight forensic scientists in the microscopic hair comparison unit “overstated forensic matches in ways that favored prosecutors.”

After examining hair found at a crime scene, the scientists compare it to a suspect’s hair in a lab. Upon finding similarities between the two, the forensic scientists often claimed the hairs matched. Unfortunately, these findings made their way to their “expert witness” testimony during trial.

This similarity/match testimony happened at a staggering rate. Of the cases that the FBI reviewed to date, 90% of the cases apply. This affected 284 defendants at their trials. This is poor, bad forensic science.

Many of the convicted defendants privy to the unfortunate microscopic hair analysis are serving jail time for felony offenses. For some, the impact was irreversible. According to the FBI’s press release,

“defendants in at least 35 of these cases received the death penalty and errors were identified in 33 of those cases… Nine of these defendants have already been executed.”

The FBI is taking steps to right their wrong. They are notifying affected defendants and allowing federal defendants to make appeals. Normally, this type of practice is not allowed in federal court. However, most of the defendants in question received state court convictions. It is now up to the states to allow these cases to reexamine these cases.

The Kavinoky Law Firm is closely monitoring the situation in California. If you believe bad forensic science practices impacted your freedom, speak with a criminal defense attorney at 1.800.NO.CUFFS. all 24/7, 7 days a week, 365 days a year.