The Law Office of Kevin L. Ballard

As Ron White would say, "I had the right to remain silent.. I just didn't have the ability." Well Ron, we hope you'll follow the advice of Fido and contact our office today. While we don't offer treats due to Covid, we do offer the possibility of saving you many days in lock up.

Wishing you a happy Thanksgiving! Enjoy as much turkey as you wish but go easy on the wild turkey.

Did you know that if you or a loved one has been arrested for a DUI, you only have 10 days to save your license! After you've been arrested for a DUI, law enforcement will take your license and issue you a temporary one. They will also send a copy of their police report to DMV. You only have 10 days from the date of your arrest to request a hearing! If you don't, then 30 days after your arrest your license will be automatically suspended. ... DMV hearings are an important part of any defense case. They give you the chance to test the upcoming prosecutor's case, as well as provide you with all the discovery upfront. If you or a loved one has been arrested for a DUI, do not wait to contact an attorney. https://www.kballardlaw.com/dui-center

Have you heard someone use the term breathalyzer before? We often get asked "if I'm stopped by the police for DUI, do I have to take a breathalyzer?" The short answer is no. You are not required to submit to a PAS test unless you are already on probation for a DUI. However, many drivers are tempted to submit to a PAS test in hopes they can prove to the officer that they are not intoxicated. By understanding the procedure behind the use of the PAS, you'll understand why in... the majority of cases, by the time the officer elects to offer the PAS, they've already determined that you show signs of impairment. Learn about the PAS device and the procedure required before a PAS test can be administered here. If you or a loved one have been arrested for DUI, please contact our office today! https://www.kballardlaw.com/pas-test

Have you been convicted of possession of a "high-capacity" magazine in California? Today, the 9th Circuit Court of Appeals upheld the lawful right of law abiding citizens. In a 2-1 decision, the 9th Circuit found that California's 10 round limitation on magazines violates the Second Amendment. Specifically, the court found that California's law violated the strict scrutiny test as required under the Second Amendment. Even as a prosecutor, I have maintained that California's ...law regarding magazines violates the core principle of the Second Amendment and Californians right to self defense. Now that this law has been found to be a violation of your rights, it is time to undue the many convictions of those who chose to exercise their constitutional rights. For a discussion of Second Amendment rights and what it means for strict scrutiny, please review my previous article that outlines Californians right to self-defense outside of the home. You can find this article at: https://digitalcommons.law.ggu.edu/ggulrev/vol47/iss1/7/ https://www.firearmspolicy.org/9th-circuit-holds-large-capa

You can now find us on Instagram! https://instagram.com/kballardlaw

As comedian Ron White once said "I had the right to remain silent...but I didn't have the ability." Well that got us thinking. With the holiday weekend ahead and parts of the state opening up what if there was a simple way to remember what to do and what to say should you find yourself illuminated by red and blue lights. To help with that, we've created two cards that you can download, print, and even fold up small enough to keep in a purse or wallet! Don't leave the house ...without them. You can find the cards for download here! https://www.kballardlaw.com/resources

Have you or a loved one been arrested for a 1st DUI? Let us start by saying the world is not over. It's important to understand what consequences you face if the district attorney decides to charge you with a DUI however. Find out more about what the penalties are for a first DUI at our DUI Center. https://www.kballardlaw.com/dui-penalties-1st-offense

Step, Bump! Step, Bump, Bump! (can you really read this without singing it?) Just because you can step, bump...step, bump, bump doesn't mean you aren't drunk. While this video brings us all a funny laugh it does demonstrate something in relation to DUIs. You'll notice in this video the driver performs the catwalk perfectly as instructed. The driver then takes the extra step to add in a few more dance moves to really bring out the show.... So what does this show us when it comes to performing FSTs (field sobriety tests)? It shows us that they are not there to prove your innocence. They are a tool used to help law enforcement determine whether you are under the influence. You are not going to prove your innocence by participating. What you will do however, is provide the prosecutor all the evidence they may need to try and convict you, even if you were not under the influence. So decline the chance to show off your dance moves and let your attorney Step and Bump you right out the courthouse doors.

Want to know what kind of advocacy you get with the law office of Kevin L. Ballard? Today, our lead (and only) attorney Kevin, successfully won one of the hardest arguments any person can accomplish. Kevin successfully talked his wife out of a trip to Target!... If you need a lawyer, make sure they're that good... Or you could just call our office and hire Kevin. Kballardlaw.com

Want to know a great way to get pulled over by the police? For the low cheap value of about $10, you too can make yourself a target for the bored officer. If you're feeling especially lucky, you can draw the attention of a motor officer, whose main job is to write traffic tickets. As Billy Mays would say... "BUT WAIT THERE'S MORE!" For that low price of only $10, you can also miss a day of work, spend hours waiting in a court room, come before a potentially grumpy judge, and ...get a going away prize of a $250 fine! Now that we have your attention, we've started to see an increase in these smoke license plate covers on vehicles in the bay area. You perhaps have seen one. Maybe you've already gone ahead and purchased one before you had the chance to see our friendly post. Well here's the reality. They are illegal. California Vehicle Code section 5201.1 makes it a crime to sell or use a product that obscures, or is intended to obscure, the reading or recognition of a license plate. So if you'd like to avoid a traffic ticket and a wasted day, or a much more expensive outcome if you should perhaps be doing anything else in your vehicle less than legal, go ahead and ditch that $10 item.

Have you been arrested for possession of an controlled substance? Many people are surprised to learn that the list of controlled substances includes not only common known items, such as methamphetamine or heroin, but may also include prescription medication. If you've been arrested for possession, learn about what charges the district attorney may file and the potential consequences. ... You can also find resources for substance abuse services on our site! https://www.kballardlaw.com/drugs