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 76 to 90 (of 119 articles)
07th June 2006
Inappropriate Subjects for Breath Testing
Although breath testing is widely used to measure blood alcohol content (BAC), it is not appropriate for all people. Breath testing measures the amount of alcohol that is evaporated from the alveolar tissue in...
Views: 116
07th June 2006
Forced Blood Draw
When a person has been lawfully arrested for a DUI, the Implied Consent provision of the California Vehicle Code mandates that they take a chemical test in order to determine their blood alcohol content (BAC). Although a person may r...
Views: 210
07th June 2006
Alcohol and the Human Body: 101
Alcohol is a central nervous system depressant. The degree to which the central nervous system function is impaired is directly proportional to the concentration of alcohol in the blood. There are 3 stages: absorptio...
Views: 150
07th June 2006
Evidential Breath Tests
Evidential breath tests, commonly known as EBT's, are the most commonly used breath-testing instruments. These instruments detect ethyl alcohol by infrared spectroscopy.
How alcohol gets in the breath
First, a person in...
Views: 106
07th June 2006
Urine Testing
When a person is arrested for a DUI, a chemical test is required to measure the alcohol content in the blood (BAC). The three chemical tests available are: blood, breath, or urine testing. Urine testing refers to the chemical examinatio...
Views: 155
07th June 2006
Blood Tests
When a person is arrested for a DUI, that person must submit to a chemical test under the "Implied Consent" provision in the California Vehicle Code. Implied Consent, under Section 23612 states that if a person is lawfully arrested for a D...
Views: 111
07th June 2006
Possession of Weapons/Explosive Devices
California law prohibits convicted felons, violent offenders, the mentally ill, persons with restraining orders and other specified individuals from possessing a gun. This included people convicted of misdemeano...
Views: 102
07th June 2006
Shooting From a Motor Vehicle
Shooting a firearm from a motor vehicle, commonly known as a "drive-by" shooting, results in increased penalties. It is a felony punishable by an additional and consecutive term of imprisonment in the state prison for 5, ...
Views: 97
07th June 2006
Carrying Concealed Weapon
Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public p...
Views: 189
07th June 2006
Federal Crimes
Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and fed...
Views: 101
07th June 2006
Accident Reconstruction
Accident reconstruction is an important, but often overlooked tool, of a DUI defense. Where there has been an accident, the responding police officers and detectives write a traffic collision report. This is often the only mea...
Views: 177
07th June 2006
"Vehicle"
In order to be arrested and convicted of a DUI, the individual must be driving a vehicle. The California Vehicle Code defines vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a ...
Views: 79
07th June 2006
Misdemeanors vs. Felonies
Most states break their crimes into two major groups, felonies and misdemeanors. The difference between the two types of crime is the punishment involved. Where a crime can be punished with a year of more of imprisonment in...
Views: 112
07th June 2006
The Process in a Felony Case
Initial Arraignment
The arraignment is the first court hearing in a felony case. An arraignment follows the constitutional principles of speedy trial rights and the ability to hear the charges being held against the de...
Views: 174
07th June 2006
The Process in a Misdemeanor Case
Arraignment
The arraignment is the defendant's first court hearing after the arrest, booking, and initial bail phases of the criminal process have taken place. This is usually the first opportunity for the defendant ...
Views: 195
