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Darren Kavinoky's Articles

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Battered Women’s Syndrome

Refusals

Legal Requirements of Roadblocks: The Ingersoll/Palmer factors

Roadblocks: What types of Roadblocks allowed?

Roadblocks: How are they justified in light of the Fourth Amendment?

Roadblocks: What is the means to challenge a roadblock we believe to be illegal?

Sentencing Alternatives: Alcohol and Drug Rehabs

Sentencing Alternatives: Caltrans Freeway Cleanup

Alternative Sentencing: Community Service

Sentencing Alternatives: Electronic Monitoring

Sentencing Alternatives: Ignition Interlock Devices

Sentencing Alternatives: SCRAM

Sentencing Alternatives: What kind of sentencing alternatives are available in DUI cases?

Sentencing Alternatives: Sober Living Environments

Indecent Exposure

Intro to Sex Crimes

Lewd Act with a Child under 14

Solicitation of Prostitution

Spousal Rape

Using Megan's Law Information to Commit a Felony

Who is Required to Register under Megan's Law

Intro to Theft Crimes

Petty Theft, and Petty Theft with Prior

Receipt of Stolen Property

Assault on Police and Firefighters

Assault with a Firearm

Assault with Weapon other than Firearm

Battery

Hit and Run

Intro to Violent Crimes

Recklessly Causing Fire

Intro to Property Destruction

Hit and Run: Property Damage

Arson

Plea Bargaining: Wet Reckless, Dry Reckless, Exhibition of Speed

Plea Bargaining: When is a DUI a felony?

Plea Bargains: What are the factors or special allegations that will increase a person's exposure to

Jury Instructions

Investigation of DUI Cases: What are the SFST's?

Investigation of DUI Cases: Walk and Turn (WAT)

Investigation of DUI Cases: What Physical Symptoms?

Investigation of DUI Cases: OLS

Investigation of DUI Cases: Give Examples of Non-Standardized FST's:

Investigation of DUI Cases: HGN

Vehicular Manslaughter

Investigation of DUI Cases: What driving patterns do police typically look for in DUI cases

Special Circumstances Murder

Manslaughter While Operating a Vessel

Manslaughter

PAS Tests

Inappropriate Subjects for Breath Testing

Forced Blood Draw

Alcohol and the Human Body: 101

Evidential Breath Tests

Urine Testing

Blood Tests

Possession of Weapons/Explosive Devices

Shooting From a Motor Vehicle

Carrying Concealed Weapon

Federal Crimes

Accident Reconstruction

"Vehicle"

Misdemeanors vs. Felonies

The Process in a Felony Case

The Process in a Misdemeanor Case

"Under the Influence"

Who has burden in DMV Hearings

"Davenport" Issues at DMV Hearings

Per Se Rule

DMV and court: two separate processes.

"Downer" issues in DMV Hearings

DUI Elements: Alcohol

"Driving"

How does Evidence Code Sec. 664 apply to DMV Hearings

How does Evidence Code Sec. 1280 apply to DMV Hearings

How can breath tests be challenged at the DMV

Pros and cons of in-person vs. telephonic DMV Hearings

"Alcoholic Beverage"

Standard of proof in DMV Hearings

DUI and Motorcycles

Special Considerations in Drug Cases

Possession of Precursors (Meth or PCP)

Possession for Sales

Maintaining Place for Selling or Using Controlled Substances

Evading a Peace Officer

Intro to Defiance

Resisting Peace Officer or Firefighter

DMV Hearings

Forging a Prescription

Battery on a Peace Officer

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