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.


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...

Evidential Breath Tests
Written by Darren Kavinoky

Friday, 26 May 2006
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...

Alcohol and the Human Body: 101
Written by Darren Kavinoky

Friday, 26 May 2006
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: absorption,...

Shooting From a Motor Vehicle
Written by Darren Kavinoky

Friday, 26 May 2006
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, 6, or 10...

Carrying Concealed Weapon
Written by Darren Kavinoky

Friday, 26 May 2006
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 place or on any public...
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