Author Information
Darren Kavinoky
Member since 07th June 2006
Occupation: Lawyer Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.Californiaduihelp.com and www.gotadui.com.
Displaying 1 to 15 (of 119 articles)
25th October 2006
Battered Women’s Syndrome
Battered woman syndrome (more commonly called “BWS” or “Intimate Partner Abuse and its Effects”) describes a pattern of psychological and behavioral symptoms found in women living in abusive relationships. (BWS occur...
08th June 2006
Refusals
When a person has been lawfully arrested for a DUI, they are mandated to take a chemical test. If a person refuses, his or her license will immediately be confiscated by the law enforcement officer pursuant to their authority to do so in orde...
08th June 2006
Legal Requirements of Roadblocks:
The Ingersoll/Palmer factors
The Supreme Court of California rendered a decision on the premiere California roadblock case, Ingersoll v. Palmer, in 1987. This decision set the standard for how law enforcement agencie...
08th June 2006
Roadblocks:
What types of Roadblocks allowed?
Roadblocks have been established to be "seizures" under the Fourth Amendment. The Fourth Amendment states that a person should be free from unreasonable searches and seizures of their person and their b...
08th June 2006
Roadblocks:
How are they justified in light of the Fourth Amendment?
Aren't these warrantless searches and seizures, and therefore unreasonable?
A roadblock, also known as a sobriety checkpoint, is a temporary stop-point operated on a public road, wh...
08th June 2006
Roadblocks:
What is the means to challenge a roadblock we believe to be illegal?
It is well-established law that searches and seizures are unreasonable under the Fourth Amendment, absent individualized suspicion of wrongdoing. There are very few exce...
08th June 2006
Sentencing Alternatives:
Alcohol and Drug Rehabs
Incarceration in the county jail offers no rehabilitative benefit for the DUI offender. Unfortunately, some people have addiction problems to alcohol that are simply not addressed with being punished b...
08th June 2006
Sentencing Alternatives:
Caltrans Freeway Cleanup
Instead of sitting in the county jail as the result of a DUI conviction, DUI offenders can be sentenced to work on a Caltrans Freeway Cleanup crew as a term of their probation. The number of hours req...
08th June 2006
Alternative Sentencing:
Community Service
Where the court has the ability to sentence the DUI offender to a term of incarceration in the county jail, the court may choose to allow the defendant to serve the hours that would have been spent in county j...
08th June 2006
Sentencing Alternatives:
Electronic Monitoring
Electronic monitoring, also known as "house arrest" allows the convicted DUI offender to stay at home instead of being incarcerated in the county jail. There are many types of electronic monitoring d...
08th June 2006
Sentencing Alternatives:
Ignition Interlock Devices
When someone is convicted of a DUI, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 to install a certified ignition interlock device on any ve...
08th June 2006
Sentencing Alternatives:
SCRAM
SCRAM is an alcohol monitoring program that is intended for the multiple DUI offender who would otherwise be facing mandatory incarceration. Instead of incarceration, some courts will allow the DUI offender to partici...
08th June 2006
Sentencing Alternatives:
What kind of sentencing alternatives are available in DUI cases?
The penalties for conviction of a DUI are harsh and include large fines, jail time, and mandatory alcohol education classes. Conviction for multiple DUIs only i...
08th June 2006
Sentencing Alternatives:
Sober Living Environments
Sober living environments are a way for the DUI offender to avoid being incarcerated. Where a person has had multiple DUIs, or has a drug or alcohol problem that has not responded to past attempts at...
08th June 2006
Indecent Exposure
California Penal Code Section 314 defines indecent exposure and the punishment. Section 314 reads in part:
"Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place...
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