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Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a
criminal defense law firm with six offices throughout California. The
attorneys of the firm take pride in their constant continuing legal
education and unparalleled one-on-one client service. Every attorney at
the firm particpates in ten times the amount of education required by
the state bar.
In addition, the attorneys provide each client with a personal cell
phone number, and they make themselves available to clients at all
times. The attorneys of The Kavinoky Law Firm understand that there is
only one case that matters to you: yours! They are dedicated to treating
each client with personal service to ensure satisfaction.
Darren has defended numerous high-profile clients, developed key
relationships with media leaders, and earned public support for clients
through effective television and radio appearances. He has provided
thoughtful commentary regarding various legal issues on NBC's Today
Show, CNN's Larry King Live and Court TV's Prime Time Justice, as well
as many local television news and radio programs.
The Kavinoky Law Firm
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 Under the InfluenceThere are two different types of DUI offenses that may be charged, depending on whether the person had a blood alcohol content below .08 percent or at or above the .08 percent. BAC is measured by the grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. BAC is tested by way of blood tests or by breath tests which use fuel cell and infrared technology. Per Se RuleIn order to be convicted of a DUI, the prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence of alcohol. The types of evidence which normally support this charge are: driving pattern, physical appearance, performance on field sobriety tests, and the results of chemical tests. However, the fact is that many people can drive at or above the legal limit (at .08% BAC) and have a perfect driving pattern, none or few physical symptoms of intoxication, and perform the field sobriety tests with flying colors. DUI Elements: AlcoholTo obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage. DrivingDriving is one of the required elements of a DUI offense. Driving requires "volitional movement of a vehicle." In everyday usage the phrase, "to drive a vehicle," is understood as requiring evidence of purposeful, actual movement of a vehicle. Alcoholic BeverageIn order to be convicted of a California DUI or drunk driving (driving while impaired by alcohol, or under the influence of alcohol), it must be proven beyond a reasonable doubt that the person was under the influence of an alcoholic beverage, which caused the driver to either drive without due caution or it is proven the driver's blood alcohol content (BAC) was at or above .08%. Where a driver's blood or breath alcohol content exceeds the legal limit, it is considered a violation of the "per se" law. DUI and MotorcyclesAlcohol intoxication is a leading factor in motorcycle accidents and fatalities. Law enforcement officers have been trained to identify driving patterns that indicate a probability that a motorcyclist is driving while intoxicated. The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA) Special Considerations in Drug CasesDiversion from criminal drug charges entails navigating the intricacies of Prop. 36 or deferred entry of judgment (DEJ), both of which divert from criminal prosecution only people charged with simple possession or being under the influence. Both programs require the defendant to attend and complete a certified or approved drug rehabilitation program. When the treatment is complete, the defendant's conviction is erased from the record. The goal of both programs is rehabilitation rather than punishment, but there the similarities end.
Possession of Precursors (Meth or PCP)Not only is it illegal to possess methamphetamine or PCP, but it is also illegal to possess the ingredients with the intent to manufacture these drugs. Possession for SalesPossession for sales of illegal drugs may be classified as a misdemeanor, felony, or "wobbler." A misdemeanor is a crime punishable by a maximum of one year imprisonment in county jail. A felony is punishable by imprisonment in the state prison. Either of these classifications may include fines. A felony term in state prison may have a range of years for sentencing purposes. Possession for Personal UsePossession of drugs for personal use requires the following knowledge:
§ Knowledge of the presence of the controlled substance
§ Knowledge that the substance is in fact a controlled substance. It is not necessary that the defendant know the chemical name or the precise chemical makeup of the substance.
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