Laws and Legal

Practical information in laymen terms, on issues that impact us all. From taxes to wills, divorce to driving violations, personal injury to criminal defense or just seeking answers to lingering legal questions... you'll find it all here.


Investigation of DUI Cases:
Written by Darren Kavinoky

Friday, 26 May 2006

What are the SFST's? How do CA courts deal with FST's that are not performed in accordance with NHTSA? The National Highway Traffic and Safety Administration (NHTSA) has done extensive studies of field sobriety testing (FST's) in...

Investigation of DUI Cases: HGN
Written by Darren Kavinoky

Friday, 26 May 2006

Investigation of DUI Cases: HGN Horizontal Gaze Nystagmus Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center position off to the side. ...

Special Circumstances Murder
Written by Darren Kavinoky

Friday, 26 May 2006

Under California law, a person found guilty of murder in the first degree can be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life....

Murder
Written by Darren Kavinoky

Friday, 26 May 2006

Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. There are two types of murder: murder in the first degree and murder in the second degree. In order to bring murder charges, the victim must die...

Manslaughter While Operating a Vessel
Written by Darren Kavinoky

Friday, 26 May 2006

Manslaughter is the unlawful killing of another person, without having the intention to kill (known as malice aforethought-a prior intention to kill). Manslaughter may be either voluntary or involuntary. Voluntary manslaughter is...

Manslaughter
Written by Darren Kavinoky

Friday, 26 May 2006

Manslaughter is defined as killing a person without premeditation or malice aforethought. Malice aforethought means having an evil intent prior to the killing. Like murder, there are different degrees of seriousness of manslaughter:...

Homicide: Intro Page
Written by Darren Kavinoky

Friday, 26 May 2006

Homicide is the unlawful killing of another human being. Included among homicides are murder and manslaughter, of which there are varying degrees and types. Murder is the unlawful killing of a human being, or a fetus, with malice...

PAS Tests
Written by Darren Kavinoky

Friday, 26 May 2006

Preliminary Alcohol Screening devices, commonly referred to as PAS tests, are one of the types of field evidence police officers use in determining probable cause to make an arrest. Although officers don't often reveal this, a person...

Inappropriate Subjects for Breath Testing
Written by Darren Kavinoky

Friday, 26 May 2006

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 evaporated from the lungs. Breath is expelled from the deepest...

Forced Blood Draw
Written by Darren Kavinoky

Friday, 26 May 2006

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 refuse to...
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