Darren Kavinoky
Member Since: 07th June 2006
URL: http://www.nocuffs.com
Occupation: Lawyer
No of articles: 109
About Me:
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.
URL: http://www.nocuffs.com
Occupation: Lawyer
No of articles: 109
About Me:
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.
Legal
DUI Elements: Alcohol To 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. Specifically, the elements are: § Driving: The ...
DUI Elements: Alcohol
07th June 2006DUI Elements: Alcohol To 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. Specifically, the elements are: § Driving: The ...
Legal
"Driving" "Driving" 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 vehi...
"Driving"
07th June 2006"Driving" "Driving" 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 vehi...
Legal
How does Evidence Code Sec. 664 apply to DMV Hearings California Evidence Code Section 664 shifts the burden of proof to the DMV licensee to establish the nonexistence of one, or more, of the foundational requirements with regard to the police officer'...
How does Evidence Code Sec. 664 apply to DMV Hearings
07th June 2006How does Evidence Code Sec. 664 apply to DMV Hearings California Evidence Code Section 664 shifts the burden of proof to the DMV licensee to establish the nonexistence of one, or more, of the foundational requirements with regard to the police officer'...
Legal
How does Evidence Code Sec. 1280 apply to DMV Hearings A police officer's statement, contained in a police report, is hearsay. However, California Evidence Code Section 1280 allows the statement in as an exception to the hearsay rule. Section 1280,...
How does Evidence Code Sec. 1280 apply to DMV Hearings
07th June 2006How does Evidence Code Sec. 1280 apply to DMV Hearings A police officer's statement, contained in a police report, is hearsay. However, California Evidence Code Section 1280 allows the statement in as an exception to the hearsay rule. Section 1280,...
Legal
How can breath tests be challenged at the DMV This is a work in progress…. Review the maintenance records of the breath machine used. During the discovery process, request a copy of the so-called "ADAMS Inquiry" which is a computerized printout fro...
How can breath tests be challenged at the DMV
07th June 2006How can breath tests be challenged at the DMV This is a work in progress…. Review the maintenance records of the breath machine used. During the discovery process, request a copy of the so-called "ADAMS Inquiry" which is a computerized printout fro...
Legal
Pros and cons of in-person vs. telephonic DMV Hearings The Administrative Per Se (APS) hearings are held in the DMV Driver's Safety Office nearest to the location of the arrest. The APS hearings are run by DMV employees, called hearing officers. The ...
Pros and cons of in-person vs. telephonic DMV Hearings
07th June 2006Pros and cons of in-person vs. telephonic DMV Hearings The Administrative Per Se (APS) hearings are held in the DMV Driver's Safety Office nearest to the location of the arrest. The APS hearings are run by DMV employees, called hearing officers. The ...
Legal
"Alcoholic Beverage" In 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...
"Alcoholic Beverage"
07th June 2006"Alcoholic Beverage" In 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...
Legal
Standard of proof in DMV Hearings The standard of proof at DMV hearings is the preponderance of the evidence standard. This level of proof is required in most civil cases, which DMV hearings can be likened to, as opposed to the criminal court trial wher...
Standard of proof in DMV Hearings
07th June 2006Standard of proof in DMV Hearings The standard of proof at DMV hearings is the preponderance of the evidence standard. This level of proof is required in most civil cases, which DMV hearings can be likened to, as opposed to the criminal court trial wher...
Legal
DUI and Motorcycles Alcohol 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. ...
DUI and Motorcycles
07th June 2006DUI and Motorcycles Alcohol 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. ...
Legal
Special Considerations in Drug Cases Diversion 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 b...
Special Considerations in Drug Cases
07th June 2006Special Considerations in Drug Cases Diversion 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 b...
Legal
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. California Health and Safety Code Section 11383 (a) applie...
Possession of Precursors (Meth or PCP)
07th June 2006Possession 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. California Health and Safety Code Section 11383 (a) applie...
Legal
Possession for Sales Possession 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 t...
Possession for Sales
07th June 2006Possession for Sales Possession 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 t...
Legal
Maintaining Place for Selling or Using Controlled Substances It is illegal to maintain a place for selling or using controlled substances. Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any c...
Maintaining Place for Selling or Using Controlled Substances
07th June 2006Maintaining Place for Selling or Using Controlled Substances It is illegal to maintain a place for selling or using controlled substances. Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any c...
Legal
Evading a Peace Officer The crime of evading a police officer is a misdemeanor. A misdemeanor is a crime punishable by a term in the county jail, up to one year. There are multiple reasons why evading a police officer is unlawful, including interfe...
Evading a Peace Officer
07th June 2006Evading a Peace Officer The crime of evading a police officer is a misdemeanor. A misdemeanor is a crime punishable by a term in the county jail, up to one year. There are multiple reasons why evading a police officer is unlawful, including interfe...
Legal
Intro It is a crime to act defiantly to law enforcement. Such categories of defiance include the act of evading a police officer who is trying to pull you over, resisting a police officer or firefighter when they are engaged in their duties, and batte...
Intro to Defiance
07th June 2006Intro It is a crime to act defiantly to law enforcement. Such categories of defiance include the act of evading a police officer who is trying to pull you over, resisting a police officer or firefighter when they are engaged in their duties, and batte...