Darren Kavinoky

Darren Kavinoky's Articles

Battered Women’s Syndrome
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...
Refusals
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...
Legal Requirements of Roadblocks: The Ingersoll/Palmer factors
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...
Roadblocks: What types of Roadblocks allowed?
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...
Roadblocks: How are they justified in light of the Fourth Amendment?
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...
Roadblocks: What is the means to challenge a roadblock we believe to be illegal?
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...
Sentencing Alternatives: Alcohol and Drug Rehabs
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...
Sentencing Alternatives: Caltrans Freeway Cleanup
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...
Alternative Sentencing: Community Service
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...
Sentencing Alternatives: Electronic Monitoring
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...
Sentencing Alternatives: Ignition Interlock Devices
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...
Sentencing Alternatives: SCRAM
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...
Sentencing Alternatives: What kind of sentencing alternatives are available i...
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...
Sentencing Alternatives: Sober Living Environments
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...
Indecent Exposure
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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