Devina Douglas, Attorney at Law (707) 408-3529
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Sonoma County's Most Notorious Crimes

8/23/2024

 
As all of us who libe here know, Sonoma County is renowned for its picturesque vineyards, rolling hills, and vibrant community. However, like any region, it has also been the backdrop for some notable and notorious crimes over the years. From high-profile murders to shocking criminal enterprises, these cases have left a lasting impact on the local community and beyond. Here’s a detailed look at some of the most notorious crimes to have occurred in Sonoma County, California:
1. The Sonoma Strangler (1972-1973)
One of the most infamous serial killers in Sonoma County's history was Patrick Kearney, known as the "Sonoma Strangler." Kearney, a native of Los Angeles, committed a series of murders across California during the early 1970s, including several in Sonoma County. His victims were typically young men whom he picked up at bars or hitchhiking. Kearney's method of killing varied, but he often strangled his victims and then dismembered their bodies. He was eventually apprehended in 1977 and later confessed to a total of 21 murders, making him one of California's most prolific serial killers.
2. The Jenner Beach Murders (2004)
In August 2004, the quiet coastal community of Jenner in Sonoma County was shocked by the brutal murders of Lindsay Cutshall and Jason Allen, both aged 22. The couple, who were seasonal camp counselors, were shot in their sleeping bags while camping on Fish Head Beach. The case garnered national attention due to its senseless violence and the fact that the victims appeared to have no connection to their killer(s). Despite an extensive investigation and rewards offered for information, the murders remain unsolved, leaving the community and the victims' families in search of justice.
3. The Death of Evelyn Hernandez (2002)
In 2002, the disappearance and subsequent discovery of Evelyn Hernandez's body shocked Sonoma County. Hernandez, a pregnant woman from nearby Oakland, disappeared while visiting her former boyfriend, Scott Peterson, in Modesto, California. Her body and that of her unborn child were later discovered on the shores of the San Francisco Bay. The case gained national attention, leading to the arrest and eventual conviction of Scott Peterson for the murders of Evelyn and their unborn child. While the crime itself did not occur in Sonoma County, the discovery of Evelyn's body and the subsequent trial made a significant impact on the local community.
4. The Cavedale Road Murders (1984)
In November 1984, Sonoma County was shaken by the brutal murders of David and Linda Macdonald at their rural home on Cavedale Road near Glen Ellen. The couple, who were well-known in the community, were tied up, stabbed, and bludgeoned to death during a home invasion robbery. The case remained unsolved for over 20 years until DNA evidence linked Joseph Naso, a serial killer operating in California and Nevada, to the crime. Naso was eventually convicted of the murders in 2013, shedding light on a cold case that had haunted Sonoma County for decades.
5. The Santa Rosa Hitchhiker Murders (1972-1973)
During the early 1970s, Sonoma County was plagued by a series of murders targeting young female hitchhikers. The victims included Kim Allen, Yvonne Weber, and Jeannette Kamahele, all of whom were found strangled and dumped in remote areas around Santa Rosa. The killings sparked fear and outrage in the community, leading to increased precautions among residents and a heightened sense of vulnerability among young women. The case remained unsolved for decades until DNA evidence linked David Carpenter, also known as the "Trailside Killer," to the murders. Carpenter was eventually convicted of multiple murders, including those of the Santa Rosa hitchhikers, shedding light on a dark chapter in Sonoma County's history.
Conclusion
These cases highlight some of the most notorious and impactful crimes that have occurred in Sonoma County, California, over the years. From serial killers to unsolved mysteries and devastating disasters, each of these incidents has left a lasting mark on the community and serves as a reminder of the complexities and challenges faced in maintaining public safety and seeking justice.

Defending against a DUI

8/15/2024

 
Breath testing in DUI (Driving Under the Influence) cases is a crucial component of law enforcement's efforts to measure a driver's blood alcohol concentration (BAC) quickly and non-invasively. This summary will delve into the mechanics and legal considerations of breath testing.
Mechanics of Breath TestingBreath testing devices, commonly known as breathalyzers, operate on the principle of measuring the amount of alcohol in a person's breath to estimate their BAC. The most widely used device, the infrared spectroscopy breathalyzer, works by detecting the presence of ethanol molecules in exhaled air. When a person blows into the device, the breath sample is analyzed, and the concentration of alcohol in the breath is converted into an estimated BAC.
The process involves several steps:
  1. Blowing into the Device: The suspect blows into a tube or mouthpiece connected to the breathalyzer.
  2. Sample Collection: The device collects a sample of the person's breath.
  3. Analysis: The breathalyzer analyzes the sample to determine the concentration of alcohol present.
  4. BAC Estimation: Based on the concentration detected in the breath sample, the device estimates the BAC, assuming a specific ratio between alcohol in breath and alcohol in blood (typically 1:2100).
Legal ConsiderationsThe admissibility of breath test results in court depends on several factors, including the device's accuracy, calibration, and the manner in which the test was administered. Legal challenges often focus on:
  1. Accuracy and Calibration: Breathalyzers must be regularly calibrated to ensure their accuracy. Defense attorneys may challenge test results if they can demonstrate the device was not properly maintained or calibrated.
  2. Procedural Compliance: Law enforcement officers must follow specific procedures when administering a breath test. This includes observing the suspect for a period to ensure they do not ingest anything that could affect the results, and ensuring the device is used correctly according to manufacturer instructions.
  3. Rising BAC Defense: A defense strategy known as the "rising BAC" defense argues that a person's BAC was below the legal limit at the time of driving but rose to an illegal level by the time the test was administered. This can occur if alcohol was still being absorbed into the bloodstream.
Legal Limits and ConsequencesIn the United States, the legal BAC limit for drivers in California 0.08%. If a breath test shows a BAC at or above this limit, it can result in immediate consequences such as license suspension, fines, and possible imprisonment, depending on the jurisdiction and whether it is a first offense.
Controversies and ChallengesBreath testing is not without controversies. Critics argue that breathalyzers may not always provide accurate readings due to factors such as:
  • Individual Variations: People metabolize alcohol at different rates, which can affect BAC readings.
  • Environmental Factors: External elements like temperature and altitude may influence the accuracy of breathalyzer results.
  • Device Reliability: Some studies have questioned the reliability of certain models of breathalyzers under various conditions.
ConclusionBreath testing in DUI cases serves as a vital tool for law enforcement in identifying and prosecuting individuals who drive under the influence of alcohol. The process involves using specialized devices to measure the concentration of alcohol in a person's breath, which is then used to estimate their BAC. Legal challenges often focus on the accuracy and procedural compliance of these devices. Despite its importance, controversies surrounding breath testing highlight ongoing debates about its reliability and the potential impact on individuals' legal rights. Understanding how breath testing works is crucial for both law enforcement officials and individuals navigating DUI charges, ensuring fair and just legal outcomes.

If you or someone you know if facing DUI charages having an attorney on your side can make all the differennce in the outcome. If you'd like to speak with Devina about your case, her contact information can be found here.Contact

Dog is my co-pilot! ...But In the CArpool lane?

8/9/2024

 
Picture
As most of my clients know, I love dogs, especailly my own pooch, Brambles. 

Recently, as we sat in rush hour traffic, someone asked me if I was ever tempted to hop in the carpool lane when I was aloe in the car?  "No," I replied. 

"How about when you have Brambles in the car with you?" he teased. 

"Still no." 
​
In California, driving in the carpool lane with a dog as your passenger constitutes a violation of the state's carpool lane regulations, as described in Vehicle Code 21655.5. Carpool lanes, designated by a diamond symbol and typically located on the far left side of freeways, are reserved for vehicles carrying two or more occupants, (a lot of Bay Area Counties have switched to a 3-passenger minimum,) including the driver. The primary goal of these lanes is to reduce traffic congestion by encouraging carpooling and thus decreasing the number of single-occupant vehicles on the road.

The penalties for misusing the carpool lane in California can be significant. If caught driving solo or with only a dog in the carpool lane, the offender may face a fine. As of the latest updates, the base fine for a first-time carpool lane violation in California is around $490, plus court fees, which can often double that amount. 

Furthermore, a violation of the carpool lane rules in California typically results in the addition of one point to the driver's record. Accumulating points on your driving record can lead to increased insurance premiums over time. Insurance companies often view traffic violations negatively and may adjust premiums accordingly, considering the increased risk associated with drivers who accumulate points.

Law enforcement in California actively monitors carpool lanes to enforce occupancy requirements. Officers may use visual observation, surveillance cameras, or vehicle sensors to detect violations. This enforcement helps ensure that the carpool lanes remain effective in achieving their intended purpose of reducing traffic congestion and promoting more efficient use of highways.

Drivers in California are advised to familiarize themselves with state traffic laws and regulations, including those governing carpool lanes. It's essential to understand who qualifies as a legitimate passenger for carpool lane use.

According to California law, passengers must be human beings and not animals (sorry, Brambles,) to qualify as occupants for carpool lane purposes. Therefore, driving with a dog as the only passenger does not meet the requirements for using the carpool lane.

To avoid penalties, California drivers should plan their routes accordingly and utilize carpool lanes only when they meet the occupancy requirements. If traveling alone or with a pet, it's crucial to use regular lanes designated for general traffic flow.



The Benefits of Plea Bargaining for Criminal Defendants

8/1/2024

 
In the often overhwelming and confusion world of criminal justice, the practice of plea bargaining is both ubiquitous and controversial. For many defendants, however, it represents a pivotal point of decision-making that can drastically alter their legal fate. This post explores the reasons why criminal defendants should carefully consider entering into a plea bargain, examining its potential benefits amidst the complexities of the justice system.

1. Risk Management:
Central to the decision-making process for defendants is the assessment of risk. Trial outcomes are inherently uncertain, influenced by many factors including evidence strength, witness credibility, and jury composition. By entering into a plea bargain, defendants gain a degree of control over their future. They can negotiate a plea deal that mitigates potential risks associated with a trial, such as the possibility of a harsher sentence if convicted or the uncertainty of jury decision-making. This risk management aspect is particularly crucial for defendants facing serious charges where the stakes are high.

2. Reduced Charges and Sentences:
One of the primary incentives of plea bargaining is the opportunity for defendants to negotiate reduced charges or sentences. Prosecutors often offer plea deals that involve lesser charges or recommend lighter sentences in exchange for the defendant's guilty plea. This can significantly diminish the potential consequences of a conviction, potentially sparing defendants from lengthy prison terms or severe penalties that could have lifelong repercussions. For defendants unsure of their chances at trial or facing overwhelming evidence, a plea bargain offering reduced charges provides a pragmatic alternative to risking a full conviction.

3. Efficiency and Expediency:
The criminal justice system is notorious for its backlog of cases and lengthy trial processes. Trials can be time-consuming and resource-intensive affairs, stretching on for months or even years. In contrast, plea bargains streamline the legal process by avoiding protracted trials. By resolving cases through plea bargains, defendants not only save themselves the stress and uncertainty of a trial but also alleviate the burden on an already overburdened judicial system. This efficiency benefits all parties involved, from defendants seeking closure to courts striving for timely resolution of cases.

4. Certainty and Predictability:
Certainty is a rare commodity in criminal trials, where outcomes hinge on the interpretations of law and the unpredictable nature of human judgment. Plea bargains offer defendants a degree of certainty and predictability that trials often cannot guarantee. By agreeing to a negotiated plea deal, defendants know in advance the exact terms of their sentence or conviction, providing a clearer picture of their future and allowing for better planning and decision-making. This assurance can be particularly appealing to defendants who prioritize minimizing uncertainty and regaining control over their lives.

5. Legal Strategy and Collateral Consequences:
Beyond immediate legal consequences, plea bargaining allows defendants to strategically navigate potential collateral consequences of a conviction. These consequences can extend far beyond the courtroom, impacting immigration status, employment opportunities, housing options, and personal relationships. By negotiating a plea deal, defendants may be able to minimize these collateral consequences, such as avoiding mandatory minimum sentences that could trigger deportation or loss of professional licenses. This strategic aspect of plea bargaining underscores its importance as a tool for defendants aiming to protect their long-term interests and future prospects.

6. Judicial Discretion and Fairness:
While critics argue that plea bargaining can undermine the principles of justice by encouraging defendants to admit guilt in exchange for leniency, proponents highlight its role in ensuring fairness and judicial discretion. Plea bargains allow judges and prosecutors to tailor outcomes to individual circumstances, taking into account factors such as remorse, cooperation with authorities, and mitigating circumstances that may not be fully captured in a trial setting. This flexibility promotes a more nuanced approach to justice, where outcomes can reflect the complexities of each case and the unique circumstances of the defendant.
​
Conclusion:
In conclusion, the decision to enter into a plea bargain is a pivotal moment for criminal defendants, fraught with implications for their legal, personal, and professional futures. While the choice to plead guilty is a weighty one, the potential benefits of a plea bargain—such as risk management, reduced charges, efficiency, certainty, strategic advantages, and considerations of fairness—underscore its importance as a viable legal strategy. By carefully weighing these factors and consulting with legal counsel, defendants can make informed decisions that align with their best interests and navigate the complexities of the criminal justice system with greater clarity and purpose.

If you'd like to speak with Devina about your case, her contact information can be found here.

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  • Home
  • Profile
  • Practice Areas
    • DUI
    • Assault Crimes
    • Theft Crimes
    • Domestic Violence
    • Drug Crimes
    • Sex Crimes
    • Homicide
    • CA DMV Medical Reevaluation Hearings
    • Civil Harrassment Restraining Orders >
      • Restraining Order-related >
        • Other Types of Protective Orders
        • If You Are Served With A Protective Order
        • Resources for Victims of Domestic Violence
  • Contact
  • Results
  • Other information
    • Devina's Blog
    • Cal. Fish and Game Updates
    • Commonly-Requested Documents >
      • Local Ordinances
    • Reference Links
  • Disclaimer