What To Do If You Are Stopped For A DUI

DUI Attorneys in Orange County

Orange County DUI Lawyer

Law Offices of EJ Stopyro

Although there are exceptions, as a general rule, if you are stopped by the police after you have been drinking, DUI lawyers recommend the following tips:

1. PAY ATTENTION TO YOUR DRIVING while you are pulling over. When you see the red light in your mirror, don’t panic. HOW you drive now is very important. If you drive in an unsafe manner, make wide or narrow turns, don’t park within the lines of a parking spot, or hit the curb when you park, this can be used as evidence to convict you of DUI in court proceedings. The officer will write it in his report and it will be evidence to show that you couldn’t operate a car safely. So when you pull over, give all your attention to driving.

2. DO NOT answer the officer’s questions about what you drank or ate or even where you are coming from. There are many ways to do it; you can say that you’re not comfortable answering questions without your lawyer. Be polite but remember that all you need to give the officer is your name, license, registration, and proof of insurance. Beyond that, it’s best to give as little information as possible. Be ready to be arrestedbecause there is a good chance you will be. But nothing you say is going to help you anyway. But WHAT YOU DON’T SAY may help prevent charges even being filed later on for lack of evidence. Help your DUI lawyer help you later on.

3. DO NOT take any field sobriety tests. Including the test where the cop asks you to follow his finger. (Horizontal Gaze Nystagmus) DON’T DO IT! These tests are VOLUNTARY, but most people don’t know it. Simply politely decline to take any field sobriety tests.

4. DO NOT submit to a voluntary breath test. Most police agencies in Orange County will ask people to take a breath test BEFORE the driver has been arrested. This test is voluntary and you should NOT take it. Again, be polite but firm.

5. DO submit to either a breath or blood test AFTER you have been arrested. Under California’s “implied consent” law, all drivers must take a test after arrest and refusal to do so will result in increased penalties. Deciding which test to take is a bit tricky. A breath test is less accurate and reliable than a blood test and therefore easier to attack in court. However, a breath test SHOULD NOT be taken close to the time of drinking because the breath machine will usually read HIGHER than your actual BAC if the test is taken while alcohol is still being absorbed from the stomach. (absorptive phase) Once all the alcohol has moved from your stomach to your bloodstream and your body is now eliminating alcohol, (elimination phase), then a breath test can actually read low in your favor. So if the testing is done long after you finished your last drink, a breath test is probably best.

These tips will NOT help prevent you from being ARRESTED for a DUI. However, they may be quite effective at preventing you from being CONVICTED of drunk driving. If you’ve been charged with a DUI in Orange County it is important that you consult with an Orange County DUI attorney with outstanding case results. Call theLaw Offices of EJ Stopyro at(949) 559-5500 to consult with an Orange County drug DUI lawyertoday. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County

Orange County DUI Attorney

 

DUI For Pilots: Wet Reckless May Save Your Certificate

DUI Lawyers in Orange County

Orange County DUI Attorney

Law Offices of EJ Stopyro

If you are a pilot who is convicted of an Orange County DUI, a DUI with injury or DUI by drugs, then Title 14 of the Code of Federal Regulations, Section 61.15 requires you to report the DUI conviction to the F.A.A.. This reporting requirement also applies to drunk boating as well as any action on your driver’s license—including a DMV suspension, restriction or revocation. The report of the DUI or other action must be made within 60 days of the action. Specifically, the statute requires a pilot to report;

“1)          a conviction of any statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug or while under the influence of alcohol or a drug;

2)            the cancellation or suspension of a license for a cause related to the above; and

3)            the denial of a state to issue a license for any cause above listed.”

Moreover, a prior DUI or other reportable action within three years of this action is grounds for revocation or suspension of a pilot’s certificate. It’s also grounds to deny a new pilot a certificate for one year following the conviction. A refusal to take a blood test or breath test is also subject to discipline.

Under this statute it is CLEAR that a conviction for a DUI in Orange County must be reported to the F.A.A.. However, a wet reckless is a different story. A wet reckless includes means that you admit to “consumption of alcohol” or “ingestion of a drug” but it does NOT admit intoxication, impairment, or even being under the influence. Therefore, a wet reckless conviction is arguably NOT subject to mandatory reporting requirements. Thus, if your Orange County DUI lawyer can get your charge reduced to a wet reckless, this MAY save your certificate, depending on what happens at the DMV.

The plea to a wet reckless in court is only half the battle. Your DUI attorney must still deal with the DMV. If you lose the DMV hearing, then the reporting requirements still apply, even though you were only convicted of a wet reckless. This is because the reporting requirements will be triggered by the DMV suspension of your driver’s license.

If you are a pilot and you are charged with a DUI in Orange County it is essential that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Attorney in Orange County

Orange County DUI Laywers

 

DUI And The Attorney: State Bar Discipline

DUI Attorneys in Orange County

Orange County DUI Lawyer

Law Offices of EJ Stopyro

Attorneys in California who have an Orange County DUI conviction, particularly a DUI with injury a refusal, a drug DUI, or a DUI with priors often suffer far reaching consequences on their career. California Business & Professions Code §490 authorizes the California State Bar to discipline an attorney who has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the legal profession. Moreover, any DUI lawyer in Orange County will tell you that B&P Code §480 allows the California State Bar to deny a license to an applicant based upon a conviction of a crime, including an Orange County DUI. So if you are a lawyer in Orange County, or are planning on becoming an attorney and you face a charge of drunk driving (DUI) in Orange County, you should immediately consult with an experienced Orange County DUI lawyer with outstanding case results.

The California Department of Justice will notify the California State Bar of any arrest of its licensees. The State Bar may send a letter to the attorney asking them to make a statement about the DUI arrest. This statement is usually made under penalty of perjury, so it is best to have your DUI lawyer help you with it. It is important NOT to ignore this request because this may be interpreted as a “lack of remorse” or “unwillingness to cooperate”. Depending on the circumstances, a lawyer accused of DUI may want to seek treatment or embark on a recovery program as soon as possible. After all, B&P Code Section 482 require the State Bar to take into account all competent evidence of rehabilitation furnished by the attorney.

The Business And Professions Code requires an attorney to report a conviction of a crime in the following situations:

·         The bringing of an indictment of information charging a felony against the attorney.

·         The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.

Under this statute, a typical first-offense DUI does NOT trigger the reporting requirements. However, if the offense included driving on a suspended license or leaving the scene of the accident, these ARE considered crimes of moral turpitude and do require reporting.

The State Bar usually does not impose discipline for a “standard” first-offense DUI. (If they even find out about it.) However, they may impose discipline for a very high blood-alcohol level on the breath test or blood test. The State Bar typically will discipline for a second-offense DUI because this repeated criminal conduct indicates alcohol abuse. The Supreme Court has held that under these circumstances the State Bar need not sit back and wait until the attorney’s alcohol abuse problem begins to affect the attorney’s practice of law. In re Kelly (1990) 52 Cal.3d 487, 495.

Aside from the State Bar, attorneys also face a DMV hearing and a possible driver’s license suspension. If you have a prior DUI within 10 years the DUI penalties from the court proceedings can be particularly stiff. Therefore, it is essential that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney

 

Make The Arrest: YOU Have The Power!

Criminal Defense Attorney in Orange County
Orange County Criminal Defense Lawyers

Law Offices of EJ Stopyro

Police officers aren’t the only ones who can lawfully arrest another person who commits a crime, such as assault& battery, burglary, domestic violence, drugs, or even DUI. You can too! Criminal defense lawyers know that the lawful authority for YOU to make an arrest is found in Section 837 of the California Penal Code. That section states:

“A private person may arrest another:

1) For a pubic offense [misdemeanor] committed or attempted in his presence.

2) When the person arrested has committed a felony, although not in his presence.

3) When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.”

These arrest powers that you and I have are very similar to the arrest powers given to the police. The major difference is that the police can arrest somebody when they have probable cause to believe that someone committed a misdemeanor in their presence, whether or not it really was.

So, for example, if a person assaults you, threatens you with physical harm, or assaults or threatens anyone, including your criminal defense attorney, IN YOUR PRESENCE, you have the lawful authority to arrest that person. You simply tell that person that you are placing them under arrest and that they are NOT free to leave. Then, call 911 and get help. When the police come, it is not THEIR decision to arrest the person—YOU have already placed them under arrest. The police MUST then take that person into custody or give that person a citation telling them WHEN to appear in court.

As citizens, it is OUR responsibility to step up and take an active role in protecting our neighborhoods, our families, and ourselves. When we see a theft, assault,marijuana crime or child endangerment happen in our presence, WE have the authority, and arguably the responsibility to arrest the one committing it. Of course, let the POLICE do the “dirty work” of taking the person into custody. This is what the police are for and this is why we pay them so much money.

If you have been arrested by the police or by a private citizen for an Orange County burglary, marijuana sales, drug sales, criminal threat, DUI or any other crime in Orange County you must consult with a criminal defense lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to speak with an Orange County DUI defense attorney today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Domestic Violence Lawyer in Orange County
Orange County Drug Defense Attorneys

DUI Checkpoints: Huntington Beach Gets A Grant

DUI Attorneys in Orange County
Orange County DUI Lawyers

Courtesy of the Law Offices of EJ Stopyro

DUI checkpoints are a major enforcement tool used by Orange County law enforcement agencies to detect and arrest drunk driving. Drivers may be legally detained at these DUI checkpoints and, if alcohol is detected, police will request that they take field sobriety tests and a “voluntary” breath test. This may lead to the driver being arrested for DUI and subjected to harsh penalties through the court proceedings as well as a license suspension after a DMV hearing.

The Huntington Beach Police Department has just been awarded a grant of $107,500.00 by the California Office of Traffic Safety, according to the Orange County Register. The grant will be used to set up and operate eleven DUI checkpoints in Huntington Beach. This amounts to roughly one DUI checkpoint every month for the next year.

The DUI checkpoints operated by the Huntington Beach Police are usually manned by officers who are working overtime. The grant money will be used mainly to pay the overtime for officers to operate the checkpoints. Budget cuts in the Huntington Beach Police Department have forced the Department to eliminate its DUI enforcement unit—a group of officers who specifically look to make DUI arrests in Huntington Beach. This is why the police department applied for the grant. According to the Huntington Beach Police Department, DUI arrests are down this year because of the loss of their DUI enforcement unit. In fact, Huntington Beach ranked among the five worst cities for alcohol related collisions among 53 cities with populations between one hundred thousand and two hundred and fifty thousand, according to Police Chief Ken Small.

 Although the Supreme Court has held that DUI checkpoints are constitutionally permissible, there are specific criteria that must be observed in order for a DUI checkpoint arrest to be legal.

1.         The public must be given advanced notice of the checkpoint. The location and time of operation must be provided to the media;

2.         As drivers approach the checkpoint they must have the opportunity to avoid the checkpoint if they choose. Drivers who turn to avoid the checkpoint cannot be stopped solely because they turned to avoid the checkpoint.

3.         There must be a random formula for deciding which cars to stop--for example, every 5th car.

4.         The location of the checkpoint must be reasonable can't be put in a dangerous situation.

5.         The sobriety checkpoint must be well marked, well lit, and have adequate signs to notify approaching drivers.

6.         The duration of the stop must be limited and reasonable. The intrusiveness of the stop must be minimized as much as possible.

7.         Field officers are limited in their discretion.

8.         Safety conditions must be maintained.

For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County

Orange County DUI Attorneys

 

Penalties For Violating A Domestic Violence Restraining Order

Orange County Domestic Violence Lawyers
Criminal Defense Attorneys in Orange County
Courtesy of Law Offices of EJ Stopyro

 In California a battery is defined as “any willful and unlawful use of force of violence upon the person of another.” (California Penal Code Section 242) Any domestic violence lawyer in Orange County will tell you that under California law, a battery becomes a crime of domestic violence if the victim is in a special relationship to the defendant. Penal Code Section 243, one of Orange County’s primary domestic violence laws, makes battery a crime of domestic violence if the victim is the spouse, ex-spouse, cohabitant, parent of the defendant’s child, fiancé, fiancée, or in a dating relationship with the defendant.

While ordinary battery (battery committed on someone notin a special relationship to the defendant) is punishable by up to six months in jail, domestic battery is punishable by up to one year in the Orange County jail. Also, domestic violence attorneys in Orange County know that if you are convicted of domestic battery under Penal Code Section 243, you will be required to attend a minimum 52-week batterer’s treatment program at your expense. But perhaps most importantly a conviction for a crime of domestic violence on your record can have far reaching consequences on employment and background checks. If you have a prior conviction under Section 243, then a new conviction will carry mandatory jail time.

If the victim suffered “serious bodily injury” as a result of the domestic battery, the offense becomes a “wobbler”, meaning it can be charged as a misdemeanor or felony and is punishable by up to four years in prison. Therefore, if the battery resulted in injury you should consult with an Orange County domestic violence lawyer without delay. If the victim did not suffer serious bodily injury the offense is a misdemeanor.

One common defense used by domestic violence defense lawyers is to show that a “dating relationship” did not exist under this statute. “Dating relationship”, as used in this statute, is defined as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.” Thus, the DA must show that the defendant had frequent intimate associations in order to establish that a dating relationship existed. To discuss more defenses and defense strategies call the Law Offices of EJ Stopyro today at (949) 559-5500for a free and confidential consultation with an experienced Orange County domestic violence lawyer.

Law Offices of EJ Stopyro

Criminal Defense Lawyers in Orange County

Orange County Domestic Violence Defense Attorneys

Orange County DUI Court Program: An Alternative To Jail

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

Being arrested for a DUI in OrangeCounty can be an extremely traumatic experience. DUI attorneys know the penalties for DUI are harsh, particularly if you have prior DUI convictions. Moreover, the law REQUIRES mandatory jail time if you have one of more prior drunk driving conviction. So if you DO have prior convictions on your record within the past ten years, then you face mandatory jail time. In Orange County, the District Attorney typically requires around 60 days in jail for a “standard” second-offense DUI. If it is a DUI with injury, it can be filed as a felony with possible prison time. A third-offense DUI carries a MANDATORY 120 days in the Orange County jail with a typical DA offer of 8 months in the Orange County Jail.

The truth is, if you do have prior DUI convictions within the past ten years, you may be addicted to alcohol. This is a fact that has been recognized by the court system and, as a result, Orange County has developed the DUI Court Program to address those addiction issues in those facing charges for DUI and especially for those who face mandatory jail time. The DUI Court Program addresses the addiction. If you are accepted into this program, you will have the chance to avoid all jail time in your case. However, the program is EXTREMELY INTENSE and involves individual and group counseling, psychological counseling, and frequent court appearances. Moreover, you must completely abstain from drug and alcohol use and you will be subject to random testing at any time.

The DUI Court program lasts for a minimum of one year and, during this time, you cannot use or even possess any alcohol or unauthorized drugs. If you violate those terms and relapse you will usually NOT be terminated from the program but will be given additional treatment. The program is truly revolutionary and DUI Lawyers do NOT recommend this program to their clients unless they are firmly devoted to controlling their addiction and becoming sober. If you ARE committed to getting and staying sober, the program is fantastic and can help save your live, your relationships and your career.

If you are facing mandatory jail time because of a DUI arrest, consult with an OrangeCounty DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County
Orange County DUI Attorneys

Orange County DUI: Court Proceedings v. DMV Hearing

Law Offices of EJ Stopyro
Orange County DUI Lawyer
DUI Attorneys in Orange County

If you are stopped and arrested for drunk driving in Orange County, then you face possible consequences from both the Orange County court AND the DMV. If the results of your evidentiary breath test or blood test come back below a 0.08%, the DMV will NOT impose an APS suspension against you. In this case, if you can resolve your court charges with something other than a DUI, such as a wet reckless, dry reckless, exhibition of speed, or a dismissal, then you will avoid a suspension altogether. If your BAC is 0.08 or higher, then you face a battle on two fronts.

The court proceedings are to determine whether you can be found GUILTY of the crime of DUI and punished with jail, fines and an alcohol program. The DMV hearing is a civil proceeding to determine whether the DMV has grounds to suspend your license. For the most part, the proceedings are separate and have no bearing on each other. DUI lawyers know all too well that it is possible to win in one proceeding and lose in the other. The one exception is that a NOT GUILTY verdict in a DUI trial also requires the DMV to set aside the suspension and give you your license back.

In the court proceedings, the District Attorney (DA) must prove their DUI case beyond a reasonable doubt in order to convict you of a DUI. At the DMV hearing the evidentiary standard is much lower—the DMV need only prove its case against you by a preponderance of the evidence. In court, twelve independent civilians (jurors) must ALL agree that the DA has proved their case beyond a reasonable doubt. At the DMV hearing, a DMV employee sits as BOTH judge and as prosecutor. There is NO jury: the DMV employee gets to decide if he or she has proved their case by a preponderance of the evidence.

Moreover, the rules of evidence are very “relaxed” in a DMVhearing. Where in a criminal trial the defendant has the right to personally confront witnesses against them, no such right exists in a DMV hearing and hearsay that would be inadmissible in a courtroom is routinely allowed as evidence in a DMV hearing. These lopsided rules make it important to have a skilled Orange County DUI attorney represent you at the DMV hearing. Even for a veteran DUI lawyer these hearings are difficult to win.

If you have been arrested for a DUI it is important that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com. For more information on the difference between the DMV hearing and the court proceedings click HERE.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney