DUI And Hit And Run: Often Charged Together

Hit and run lawyer in Orange County

One of the most common pairing of charges in Orange County is the combination of DUI (drunk driving) and hit and run.  Orange County DUI Attorneys know there are a couple of obvious reasons why the crimes of DUI (DUI drugs) and hit and run are so commonly charged. First of all, there is no doubt that alcohol, beyond a certain amount, and drugs impair a driver’s ability to operate a vehicle. All of us, no matter how high a tolerance we may have, will lose our mental and physical abilities needed to drive safely after reaching our limit. Once impaired, a driver is more likely to become involved in a traffic accident. After an accident, a driver’s impaired judgment can lead to a bad decision to leave the scene. Another reason that DUI and hit and run are so commonly seen is that a driver who has had some alcohol and is involved in an accident will simply not want to stick around because they know they may be close to the legal limit.

Before you drive, whether you have alcohol or not, it is important to know what your responsibility is if you are involved in an accident. Knowing this, you can complete your legal obligation and be on your way BEFORE the police ever show up. So what is your obligation? Well, any hit and run attorney will tell you that if you were involved in an accident where only property was damaged and nobody was injured, you must immediately stop your car at the closest location that doesn’t impede traffic and is safe. (Vehicle Code Section 20002)Then, you must give the other driver, or person in charge of the property damaged, your name and residence address. If you are not the registered owner of the vehicle, you must also give the name and residence address of the registered owner.

If the other driver or person in charge of the property damaged wants to see your driver’s license and registration, you must show it to them. If there is nobody around to give your information to—as is the case where you hit a parked car or a fence—then you must leave in a conspicuous place your name and residence address, as well as that of the owner if you don’t own the vehicle, and a brief description of the events. If you leave a note because nobody is around, you must also call the police or CHP at your earliest convenience to report the accident. So if your cell phone is dead, you can call when you get home. But you should also call your hit and run lawyer in Orange County.

Once you fulfill your obligation by giving the other driver your information or by leaving a note, you are free to leave the scene. Any DUI lawyer in Orange County will tell you that you do NOT have to stick around and wait for the police—even if the other driver insists. If someone other than the driver is hurt in the accident, the driver must present their (and the owner’s) name, residence address, the registration number of the vehicle, as well as the names and residential addresses of anyone hurt in the driver’s car to any person struck or the driver of the other car and to the police if they are there. Again, if requested, the driver must also present their driver’s license and insurance information.

Call The Law Offices of EJ Stopyro at (949) 559-5500 to speak to an experienced Orange County hit and run lawyer or DUI Lawyer in Orange County. Or visit our website at www.EJEsquire.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

Orange County criminal defense lawyers

DUI And Criminal Convictions: Getting To The Court Of Appeal

criminal defense lawyers in Orange County
 

If you have been arrested and convicted of a DUI, drug possession, hit and run, burglary, Criminal Threats, or any other crime in Orange County, you may have been represented by an Orange County DUI Attorney or Orange County criminal defense lawyer. If you were lucky enough to find a good dui lawyer, he or she carefully scrutinized your case and took advantage of any opportunity to move for suppression of evidence or dismissal, making a careful record on the way. But any experienced criminal defense lawyer in Orange County will tell you that you cannot expect to win every fight in the courtroom, even if you have the better argument. Often, when a DUI or criminal defense lawyer makes a legal argument at a hearing, such as a suppression motion or a preliminary hearing in felony cases, the judge makes a legal error in assessing the argument and rules against your attorney. When this happens, and it happens more often than most people think, it is up to you and your criminal defense attorney to seek review of this error.

In felony cases, you will have an opportunity to have the judge’s decision made by filing another motion (Penal Code Section 995) and another judge will review the record. But in misdemeanor cases, your next opportunity to have a judge’s erroneous decision looked at is at the appellate level. As a criminal defendant in a manufacturing drugs, Corporal Injury, methamphetamine sales, or other criminal case, you have the right to appeal to the Appellate Department of the Superior Court. Here, the decision of the trial court will be reviewed by a panel of three superior court judges. Unfortunately, defendants in misdemeanor cases, such as Domestic Violence, prostitution or assault cases, do not have the right to appeal to the California Court of Appeal. However, your DUI Attorney in Orange County can petition the Appellate Division to send your appeal to the California Court of Appeal.

California Rules of Court Section 8.1005(a)(1) allows the Appellate Division to grant your Orange County criminal defense lawyer’s petition to certify your appeal to the California Court of Appeal if the Appellate Division determines that the transfer “is necessary to secure the uniformity of decision or to settle an important question of law.” Your defense lawyer must file the petition to have the case certified to the Court of Appeal within 15 days of the decision by the Appellate division. The decision to grant a DUI Lawyer in Orange County’s petition for certification must be made by a majority of appellate division judges or by any two of the three appellate division judges who decided your appeal.

If you have been arrested for a DUI drugs, Domestic Battery, drug sales, or any other crime and would like to schedule a free consultation about your case, or if you have been convicted of a crime and are considering an appeal, call The Law Offices Of EJ Stopyro at (949) 559-5500. You can also visit our website at www.EJEsquire.com. We are located at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA, 92675.

identity theft   embezzlement

DUI Arrest: How Blood Is Tested

Orange County DUI Attorney

When a police officer arrests a driver for drunk driving (DUI), the police are required by law to advise the driver that they must submit to a test to determine their blood-alcohol level. In Orange County, the officer must advise you that you can take either a blood test or a breath test. You do NOT have the right to  refuse to take a test or to have your DUI Lawyer in Orange County present either before you choose or during the blood or breath test. A breath test will give the results instantly but the results of a blood test will not be available for around ten days after the arrest. The reason for the delay is that the blood sample must be transported to Orange County crime lab where a “forensic scientist” must test the blood sample. The testing is accomplished by use of a gas chromatograph.

A small amount of the blood sample taken from the person arrested for DUI is placed in a small tube. In the tube, above the blood sample, there is some air space. The compounds in the blood, including alcohol, will off-gas into this airspace. The air above the blood sample is then taken out of the tube with a needle and injected into the gas chromatograph—which looks kinda like a large microwave oven. The air sample then circulates in a tube within the gas chromatograph where the various compounds gather with like compounds. Each compound that is in the blood is then burned within the machine. The chromatograph then prints out a graph, called a chromatograph, showing a vertical and horizontal axis. The vertical axis indicates the length of time a substance burns. The vertical axis shows how intensely it burns. The area under the curve shows how much of the substance, such as alcohol, there was. Thus, the chromatograph will indicate what substance was found and the amount of the substance found. This result will be used by the District Attorney to charge you with a DUI and by the DMV to issue a license suspension after a  DMV hearing. Your DUI Attorney will ask for this chromatograph once your case starts its way through the Orange County court system.

The gas chromatograph will show the blood-alcohol level and the level of other drugs found in the blood sample. For this reason, DUI Attorneys in Orange County know that a driver arrested for DUI should never opt to take a blood test if there might be any drugs, legal or illegal, in the driver’s blood. A police officer does have legal authority to require a person arrested for DUI drugs to submit to a blood test instead of a breath test if the officer can state articulable facts that indicate the driver may have used drugs instead of or in addition to alcohol.

To learn more about blood or breath testing in a DUI case, visit our website at www.EJEsquire.com or call The Law Offices Of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI Lawyer. We have office locations at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92663 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

criminal defense lawyers in Orange County

Domestic Violence And The Vandalism Charge

Orange County criminal defense lawyers

It is very common in Domestic Violence cases for a charge of vandalism to be included among domestic violence charges such as Domestic Battery (penal code 243(e)(1) and Corporal Injury (penal code 273.5). This is because in many domestic violence cases property gets thrown or otherwise destroyed. Most Domestic Violence Attorneys in Orange County  are familiar not only with the domestic violence laws but also with the myriad of vandalism statutes.

California Penal Code section 594 makes it a crime to maliciously deface, damage or destroy the real or personal property of another. So, for example, if Don gets into an argument with his wife Vicky, pushes Vicky, and then drops Vicky’s favorite vase on the ground, breaking it to pieces, Don will likely face charges for domestic battery as well as for vandalism under penal code section 594. However, there are some defenses to a vandalism charge that a skilled criminal defense lawyer in Orange County can use to get the charge reduced or dismissed.

To convict you of vandalism, the District Attorney must prove that you acted maliciously. If the destruction of the property was accidental, that is a defense. So, in the example above, if Don accidently dropped the vase, then Don cannot be convicted of vandalism. This exemplifies why it is so important to talk to your Orange County Domestic Violence Lawyer before giving any statement to the police. A domestic violence arrest is NOT a conviction. But when the person arrested gives incriminating statements to the police, a conviction usually follows the domestic violence arrest.

Property that belongs to both the defendant and the victim is also subject to the vandalism statute. So, for example, if instead of breaking Vicky’s favorite vase, Don punched a hole through the wall of their home, Don will face vandalism charges even though he is part owner of the property he allegedly vandalized. Moreover, there is no requirement that the damage to the property be permanent. Defacing property means putting any kind of mark on it—whether permanent or not. How badly something is defaced or damaged will only decide how the act of vandalism is punished.

If the amount of damage, defacement or destruction is $400.00 or more, vandalism is a “wobbler” meaning it can be charged as either a felony or a misdemeanor. Felony vandalism is punishable by up to three years in the STATE PRISON. Otherwise, the vandalism is a misdemeanor punishable by up to one year in Orange County jail . When a wobbler is charged, it is up to the DA and the court to determine whether to charge it as a felony or a misdemeanor. This may, in turn, depend on how convincing your Domestic Violence Attorney in Orange County is.

If you face charges for domestic violence, Criminal Threats,vandalism, or any other crime, call The Law Offices Of EJ Stopyro at (949) 559-5500 today for a free and confidential consultation with an experienced criminal defense attorney in Orange County. You can also visit our website at www.EJEsquire.com. Our offices are located at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

 

Violating DUI Probation Can Mean Mandatory Jail Time

Orange County DUI lawyers

If you were arrested for DUI and were subsequently convicted, either through a plea of guilty or after a DUI trial despite the best efforts of your DUI Lawyer, then the law requires you to be placed on DUI probation for a period of three to five years. California Vehicle Code Section 23600 requires this period of DUI probation. This law also requires that the judge impose specific terms of probation—that you not drive with ANY measurable alcohol in your system and that you submit to a breath-test if you are stopped by the police.

These terms must appear in every DUI probation order. And violating these terms means that you have violated your probation and will be returned to court where the judge may impose some or all of the Orange County jail time that you have hanging over your head from the underlying DUI conviction. So, for example, if you were on probation for a first-offense DUI, you will be ordered back to court and the judge may impose up to six months in the Orange County jail.  Of course, it is up to the judge, for the most part, to decide how much jail you should receive. It then becomes your Orange County DUI Attorney‘s job to convince the judge to apply only the minimum punishment allowed by law.

If, for example, you were pulled over for a broken tail light and you agreed to take a breath test, blowing a 0.03%, you would be in violation of your DUI probation. However, your Orange County DUI Lawyer could probably make an argument to get you no jail time. But if you refuse to take a breath test or if you blow a 0.04% or more, the law requires at least 48 hours of jail time. If a blood or breath test result is 0.08% or higher, then you will be charged with a new DUI offense pursuant to California Vehicle Code Section 23152(b)as well as a probation violation.

If your blood alcohol result were between 0.05% and 0.08% you still might be charged with a new DUI under California Vehicle Code Section 23152(a) if the DISTRICT ATTORNYE can prove that you were so impaired by the alcohol in your system that you couldn’t operate a motor vehicle with the same care customary of a sober person. Evidence of this includes bad driving and poor performance on the voluntary field sobriety tests. Although a person on DUI probation is required to take a breath test they are still not required to submit to the field sobriety tests—these remain voluntary.

To learn more about your options when facing a DUI charge call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation with an experienced DUI Lawyer in Orange County. Or visit our website at www.EJEsquire.com and submit the details of your case for an emailed assessment. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

Miranda Warnings And The Orange County DUI

DUI Lawyers in Orange County

When the police stop a driver and the officer smells alcohol or otherwise suspects the driver may be under the influence of alcohol or drugs, the police officer will conduct a DUI investigation.  This investigation typically begins with the question “have you had anything to drink tonight?” This can be a very awkward spot to be in for the driver. After all, who wants to incriminate themselves by answering yes? But the chances are that if the cop is asking you this question, he already knows the answer so denying having had any alcohol could make the officer instantly suspect that you are driving drunk. And refusing to answer the question or asking to consult with an Orange County DUI Lawyer will undoubtedly have the same result.

The next stage of the DUI investigation usually consists of the officer asking the driver a series of questions that are preprinted on a form. These questions are designed to incriminate the driver and to defeat later attempts by the driver’s DUI Lawyer in Orange County to use specific defenses to win the case. The questions deal directly with the “rising defense” (see previous blog) by locking in answers to what the driver drank, when the driver drank it. And how much the driver drank. Essentially, the questions ask the driver for a complete confession to be used against the driver during DUI court proceedings in the Orange County court.

Often, one of the first concerns a driver relates to me during the initial telephonic consultation is the fact that the officer never read the driver his or her Miranda rights before asking all these questions. The unfairness of being detained by a police officer and asked all kinds of incriminating questions is patently obvious. So do the cops have to read you your Miranda rights and explain your right to consult with a Orange County DUI Attorney before asking these questions? Well, according to the United States Supreme Court, they don’t. In Stansbury v. California (1994) 511 U.S. 318, the Supreme Court said that Miranda warnings do not have to be given until the defendant is formally arrested and in custody or the circumstances are such that a reasonable person would believe that they have been arrested. Thus, says the Supreme Court, when someone is merely “detained”, such as for a traffic stop or a DUI investigation, the officer doesn’t need to give Miranda warnings.

Once a driver is arrested for DUI, then the officer need only give Miranda warnings if the officer asks more questions. If the officer fails to give Miranda warnings after the arrest, then any statements made in reply to police questioning beyond that point are not admissible in court. Of course, DUI Attorneys in Orange County will tell you that in almost every case the officer doesn’t ask any more questions because he got all the answers he feels he needs to convict you of DUI BEFORE he arrested you. Therefore, the arresting officer almost never reads a driver Miranda warnings after the arrest.

If you have been arrested for DUI call The Law Officer of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation with an experienced DUI Attorney. You can also visit our website at www.EJEsquire.com. We have office locations at: 1901 Newport Blvd., Suite 350., Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

criminal defense lawyers in Orange County

DUI License Suspension: 10 Reasons Not To Drive

Orange County DUI Attorneys

A DUI conviction in California triggers an automatic license suspension, the length of which depends on several factors. The Notice of Suspension is mailed from the DMV to the driver’s residence of record. The mere mailing of this form is rebuttable proof that the driver had knowledge that his or her driver’s license was suspended because of a DUI. Although a driver can get a restricted license by enrolling in an Alcohol program and filing an SR-22 with the DMV, there is always going to be some period of suspension unless your Orange County DUI Lawyer can get the DUI charge reduced to a wet reckless.

So, once your license is suspended, how are you supposed to get to work, to school, drop the kids off, go about your life? Well, Orange County DUI lawyers know that as far as the Orange County District Attorney and the California DMV are concerned, that is entirely YOUR problem. Some drivers turn to the Orange County bus system, which many of my clients say is pretty good. Other clients convicted of DUI, DUI drugs, or DUI with injury take to the bicycle. This works well for people with no kids and a short ride to work. But many people whose license has been suspended for a DUI or after a  DMV hearing simply continue to drive and keep their fingers crossed. If you are one of these you should at least know the risks of what you are doing.

California Vehicle Code section 14601.2 deals with driving with a license that has been suspended because of a DUI. This section sets the punishment and it mandates a MINIMUM ten days in the Orange County jail. It also gives the judge the authority to impose up to six months of jail time. Any DUI Lawyer in Orange County will tell you that a judge almost never imposes more than the ten days, but the ten days are absolutely mandatory. However, in my experience, there are plenty of judges in Orange County that will impose ten days of Caltrans instead of actual time in the Orange County jail. But Caltrans, although far better than jail time, is no picnic either. It is hard, physical work picking up trash on the sides of the Orange County freeways.

Section 14601.2 goes on to say that if you have a previous conviction for driving on a suspended license of any kind within five years of being caught driving on a suspended license because of a DUI, then the minimum jail sentence must be 30 days, with a maximum of one-year. Again, DUI Attorneys in Orange County will tell you that the maximum is rarely given but the 30 days is firm and there is no way around it. Moreover, on a second offense, judges in the Orange County courts are far less likely to allow the sentenced to be served as Caltrans labor and actual jail time will often be imposed.

For a free telephonic consultation with an experienced DUI Lawyer in Orange County call The Law Offices of EJ Stopyro at (949) 559-5500. Or visit our website at www.EJEsquire.com. Our office locations are: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675

Orange County criminal defense attorneys

Criminal And DUI Trials: Impeaching a Witness

Orange County DUI lawyers

If the Orange County DA  has charged you with DUI, Domestic Violence, drug sales, or any other crime and you are going to trial in the case, there is a good chance your criminal defense lawyer in Orange County will want to attack the credibility or “impeach” some of the witnesses against you. The most common target of impeachment is the arresting police or CHP officer. The most common way of impeaching the officer is to show that the officer made mistakes in his or her report, including omitting information that would be favorable to you, the defendant.

In a DUI case, it is very common for the arresting officer to only record information in the report that is detrimental to the defendant. So, for example, the officer will be more than willing to share with the jury the details of your poor performance of the field sobriety tests. However, the officer will probably not tell the jury that when he observed your driving he noticed that you were keeping within the speed limit, that you never weaved or swerved, that you executed any turns perfectly, that you signaled before turns and lane changes, and that you parked your car perfectly. All of these things indicate that you were NOT impaired by alcohol or drugs. The officer will not volunteer these details and they must be dragged out of the officer by your DUI Lawyer in Orange County.

Or, in a Domestic Battery case, the arresting officer may include details in the report that are simply inaccurate, such as the address of the residence, the description of the residence, who was present at the scene, or a plethora of other details. When this happens, your Domestic Violence Attorney in Orange County should highlight these inaccuracies when cross examining the police officer. This impeachment of the officer can create powerful doubt about the accuracy of the rest of the cops report. This doubt can be the deciding factor when critical details of the officer’s report are also in dispute—if the cop was wrong about other details then he can’t be trusted on the critical details.

Other witnesses in a DUI, hit and run, domestic violence or other criminal trial can be impeached by prior criminal convictions. Since civilian witnesses often testify in criminal trials this becomes important. If the witness has been convicted of ANY felony, such as drug possession, marijuana sales, or Corporal Injury, then your Orange County criminal defense lawyer can inform the jury of this conviction. The only felony convictions that are excluded are those that have been pardoned or expunged. Also, any prior criminal conduct that reflects “moral turpitude” is admissible for impeachment whether it amounts to a felony or a misdemeanor. So prior convictions for petty theft, forgery, embezzlement or perjury are all admissible as impeachment against the witness.

If you have been charged with DUI drugs, Criminal Threats, methamphetamine possession, or any other crime in the Orange County courts call The Law Offices of EJ Stopyro today for a free telephonic consultation. You’ll speak directly to an experienced criminal defense attornye in Orange County who will advise you of your options. Call (949) 559-5500 or visit our website at www.EJEsquire.com. We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92927 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorney in Orange County

 

DUI Arrest and Alprazolam (Zanex): Drug DUI’s Are On The Rise

Orange County DUI Attorneys

While the alcohol-related drunk driving arrest is still, by far, the most common type of DUI arrest, any Orange County DUI Lawyer will tell you that in recent years there has been a great increase in the District Attorney charging DUI drugs caused by the prescription drug alprazolam, better known as Zanex. A drug DUI carries the same potential sentence to the Orange County jail. Zanex is one of a class of drugs known as benzodiazepines. These drugs affect brain chemistry and tend to reduce anxiety. As a result, Zanex is now routinely prescribed by doctors to treat anxiety and depression. Zanex may be habit forming and should never be taken by pregnant women. Zanex should NOT be taken with alcohol because Zanex, and other benzodiazepines, will increase the sedative effect of alcohol.

DUI Attorneys in Orange County know that Zanex is typically prescribed for anxiety in initial doses of  0.25 to 0.5 milligrams three times per day. This dose may be increased over several days up to 4 milligrams per day over several doses.  For panic disorders it can be prescribed up to 10 milligrams per day—divided into several doses. It is also used for depression with an average dose of 4.5 milligrams per day divided into several doses.

If you are arrested for a DRUG DUI, or maybe for a combination of drugs and alcohol, then the arresting officer will not give you the choice of a blood test or a breath test. The law says that if the officer has articulable reasons to believe that you are under the influence of drugs, then the choice between blood or breath and must submit to a blood test or be charged with a    refusal. Experienced DUI Lawyers in Orange County know that the half-life of Alprazolam (Zanex) is about 11 hours. This means that 11 hours after taking a dose of Zanex, your body will have metabolized half of it. After another 11 hours 75% of the drug will be metabolized. Thus, the more of the drug you take, the longer it will remain detectable in your blood. Typically, it can be detected in the blood from 2 to 4 days after taking it.

If you have been arrested for DUI, DUI with injury, under 21 DUI or OTHER call The Law Offices of EJ Stopyro at (949) 559-5500 today. You can speak with an experienced DUI Lawyer in Orange County and learn the defenses in your case and your options. The consultation if free and confidential. You can also visit our website at www.EJEsquire.com. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

 Orange County criminal defense lawyers

Driving Under the Influence of Drugs: What is Methamphetamine?

DUI Attorneys in Orange County

Most people are well aware that they can be arrested for driving under the influence of alcohol. Terms like wet reckless point to the use of alcohol. But driving under the influence of drugs can lead to the same conviction for DUI as alcohol can. DUI Attorneys are well acquainted with the many drugs that are commonly at the root of a drug DUI charge by the Orange County DISTRICT ATTORNEY. Drugs like Zanex and Vicodin are commonly found in a blood test following an arrest for DUI. But other, often illegal drugs like marijuana, cocaine, heroine and methamphetamine are also commonly alleged as causing impairment in a DUI prosecution. Methamphetamine has become more and more common in recent years.

Methamphetamine, often called chalk, chrissy, crank, crystal, glass, go, hydro, ice, meth, rock candy, speed and whiz, is a central nervous system stimulant. Most methamphetamine is produced in illegal clandestine laboratories. However, it is also produced by pharmaceutical companies in 5, 10, and 15 milligram doses. Orange County criminal defense lawyers know that methamphetamine is used in treatment of narcolepsy, attention deficit disorder (ADD) and attention deficit hyperactivity disorder (ADHD).  According to the National Highway Traffic Safety Agency (NHTSA) the typical medical doses are from 10 to 40 milligrams per day. Methamphetamine is also sometimes medically used for obesity and some eating disorders.

  DUI Attorneys in Orange County handling a methamphetamine DUI case will want to know what the blood concentration of methamphetamine was for their client. Blood concentrations can often show whether the client has a therapeutic dose in their system or a higher, “abusive” dose. Peak blood concentrations of a person arrested for DUI will typically occur about two-and-a-half hours after taking meth orally. The peak concentrations can occur much earlier when the meth is injected, snorted or smoked.

The effects of methamphetamine on driving can be good or bad. Meth, in the right does, will increase alertness, attentiveness, and reaction time. It helps relieve fatigue and promote a feeling of well-being. Thus, it could actually improve driving ability. However, in high doses, it could cause agitation, lack of attention, extreme restlessness, depressed reflexes, poor coordination and balance, the inability to follow directions, suppressed impulse control, poor high-risk decision making, and paranoia. Typically, the officer conducting field sobriety tests during a DUI investigation for methamphetamine will report that the driver was constantly moving, unable to stand still, couldn’t follow directions, spoke incessantly, and had a dry mouth.

If you were arrested by the California Highway Patrol, Orange County Sheriff’s Department, or a police agency and you are facing charges for first-offense DUI, felony DUI, refusal, or DUI with injury call The Law Offices of EJ Stopyro at (949) 559-5500 today for a free and confidential telephonic consultation. You will speak with an experienced DUI Lawyer in Orange County who will help you understand your options and the DUI penalties  in your case. Or visit our website at www.EJEsquire.com. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Lawyer in Orange County

Drug DUI: Methamphetamine in a Speedy Trial

     DUI Lawyer in Orange County  

Although driving under the influence of alcohol is by far the most common type of DUI, there are also plenty of arrests and prosecutions by the Orange County DA for driving under the influence of drugs—be it prescription drugs or illicit drugs, such as heroin, marijuana, cocaine and methamphetamine. However, as DUI Attorneys in Orange County know, it can be harder for the district attorney to get a conviction for driving under the influence of drugs DUI drugs than for an alcohol related DUI.

That’s because the DUI law, California Vehicle Code Section 23152(b), makes it illegal to drive with a particular level of alcohol in your blood—can’t drive with 0.08% or more. It can be hard for Your Orange County DUI Lawyer to fight a blood-test result. But for DUI drugs there is no set limit of drug that is allowed. Instead, the prosecutor must prove that the driver was so impaired by the drug that he or she was not able to operate a motor vehicle with the same care and caution customary of a sober person. Some drugs, like methamphetamine, can actually improve driving. That makes it difficult to get a conviction for DUI drugs.

Some fun facts about methamphetamine that I’ve learned while working as a DUI Attorney in Orange County  are: There are two types or isomers of methamphetamine; D- and L-. The D- type is the one used illicitly. L- type found in non-prescription inhalers has a different effect. Doses of 5 to 10 milligrams of methamphetamine typically result in blood concentrations between 20 and 60 ng/ml. One study of smoked methamphetamine found a peak blood concentration of 30 ng/ml one hour after a single dose of 10 milligrams of methamphetamine. In another study peal plasma concentrations were achieved in 3.6 hours where dose was orally given.  Amphetamine is the major metabolite of methamphetamine.

In the Cook study, known by some of us  criminal defense lawyers in Orange County, a 30mg dose was administered in a pipe (smoked). Plasma rates rose rapidly and plateaued at 40 – 44 ng/ml after one hour. Rose slightly for the next hour. Concentrations then declined—after 8 hours plasma levels were the same as after 30 minutes. DUI Lawyers know the average half-life elimination of methamphetamine is 11.7 hours with a range of 8 to 17.   Plasma concentration time curves for smoked or orally ingested methamphetamine are similar. However, there is a more rapid rise for the smoked methamphetamine. Maximum concentrations of methamphetamine were achieved in 3.1 hours for orally ingested methamphetamine and in 2.5 to 2.7 hours for nasally snorted meth.

If you face charges for DUI with injury, felony DUI, or DUI with priors, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com. We have office locations at 19601 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Lawyer in Orange County

California Penal Code Section 148(a): Contempt of Cop

DUI Lawyers in Orange County

If you have ever been pulled over by the police you were probably very polite and deferential to the officer who stopped you. Especially if the officer is conducting a DUI investigation to see if you can be arrested for DUI drugs[ES1] ,[ES2]   DUI with injury or  wet reckless  . After all, it is a very nerve-racking experience. And police officers expect you to be courteous and “respectful” because they are wielding so much power over you. But when a person who has been stopped[ES3]  by the cops actually dares to question the reason for the stop or to inquire about their rights, cops can quickly become agitated, irritated, and even furious. When this happens, they often look for a reason to arrest you.  criminal defense lawyers in Orange County often see these encounters come to an end when the cop arrests the person for California Penal Code Section 148(a)—resisting, obstructing or delaying an officer.

That section reads “Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician … in the discharge or attempt to discharge any duty of his or her office or employment … shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.” DUI Attorneys in Orange County can see, the language in this statute is extremely broad. Does this mean that if you fail to answer questions of a police officer you could be arrested for this? What if you decide not to do FIELD SOBRIETY TESTS during a DUI investigation where the officer is investigation you for DUI, DUI DRUGS, or DUI WITH INJURY? What if you choose a blood test instead of a breath test which the officer suggests? Will this land you in the Orange County jail?

Orange County criminal defense lawyers know the key to Section 148(a) is that the officer must be engaged in a lawful duty. This lawful duty cannot abrogate any of your rights. So you maintain your right to NOT do field sobriety tests and to NOT answer questions. If the officer has lawfully detained you, than you are NOT free to leave. If you attempt to leave, then the officer can lawfully arrest you under Section 148(a). However, if the detention is NOT a lawful detention—the officer had no reasonable suspicion to detain you—then the charge of 148(a) cannot be sustained.

If you have been arrested for DUI and possibly even been charged with Section 148(a), call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You’ll speak with an experienced Orange County criminal defense lawyer who will discuss your options and the strengths and weaknesses of your case.  Section 148(a) is one of the most misused criminal statutes on the books and having a seasoned   DUI Attorney handle your case can make all the difference. It may be important for your Orange County DUI Lawyer to file a demurrer right away, at the arraignment, in order to have the court force the District Attorney to designate exactly what lawful duty the cop was engaged in and exactly what conduct they are alleging as a violation of the statute.

We have office locations at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

criminal defense lawyer in Orange County

---

 

DUI Trial: Things to Consider

Orange County DUI lawyers

If you were arrested by the   California Highway Patrol, Orange County Sheriff’s Department, or by a local police agency for DUI or DUI drugs, then you and your Orange County DUI Lawyer may end up taking the case to trial. Typically the DA will file two counts of DUI against a person where alcohol is involved: California Vehicle Code Section 23152(a) makes it a crime to drive while under the influence of drugs or alcohol, or any combination of them, if the drugs and/or alcohol impaired you to such a degree that you could no longer have the ability to drive with the caution and care of a sober person. Having objective symptoms of use of a drug or alcohol is not enough to convict you of DUI. For example, a driver who has used methamphetamine may, during the DUI investigation and field sobriety tests, display classic signs of methamphetamine use such as dilated pupils, facial twitching, stuttering and profuse sweating. But that is NOT enough to convict someone of DUI. In order to get a DUI conviction the DA must prove that your ability to drive was impaired.

If the district attorney does not present sufficient evidence of impairment of driving ability, your DUI Lawyer in Orange County should make a motion after the DA’s case to have the case dismissed for lack of evidence. These motions are typically denied by trial judges in the Orange County courts but they can present grounds for a successful appeal. If the judge does deny the motion, your DUI case will continue and it will be time for your criminal defense lawyers in Orange County to present any witnesses or evidence in your case. A defendant does not have to present any case but must be given the opportunity to do so. Sometimes, a defendant doesn’t put on any case. Rather, your DUI Attorney will argue to the jury that the district attorney did not meet their burden of proof—proof beyond a reasonable doubt of every element of the offense.

California Vehicle Code Section 23152(b) simply makes it a crime to drive with a blood-alcohol of 0.08% or greater. The DA doesn’t need to show any impairment at all in order to convict you of this offense. The DA need not show that you failed any field sobriety tests or that you drove poorly. Just having a 0.08% or higher is a crime. In order to defend this charge your DUI Lawyer may argue a rising defense, an error in the breath test or blood test, or that there was insufficient evidence that you were actually driving.

So the charges of 23152(a) and 23152(b) are completely different. Where alcohol is involved, the prosecutor usually charges both. Where the case is a refusal or where only drugs are involved, or a combination of drugs and some alcohol (below a 0.08%), the district attorney will usually only charge 23152(a).

If you have been arrested for   DUI with injury , felony DUI, or DUI with priors, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. You can speak to an experienced DUI Attorney in Orange County about your options. Or visit our website at www.EJEsquire.com. We have offices locations at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County

Domestic Violence: The Emergency Protective Order

Orange County Domestic Violence Lawyers

If you or your family has or is suffering from domestic abuse, including any form of Domestic Battery, including Criminal Threats, and you need protection right now, call 911! Domestic abuse, as defined on the Orange County Court website, means to intentionally or recklessly cause or attempt to cause bodily injury to you; or sexually assault you; or to place you or another person in reasonable fear of imminent serious bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact you; or to disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical.

Moreover, if you have suffered from Domestic Violence then you are entitled to the protections of a domestic violence restraining order. An Emergency Protective Order is a short-term restraining order that the police serve on the person committing the abuse. A Domestic Violence Restraining Order lasts longer and is issued by the court. You could call one of many local Domestic Violence Attorneys in Orange County to answer your criminal law questions. For help filling out the forms necessary to get a domestic violence restraining order you can go to or call the:

• Domestic Violence Assistance Program Office located in room C611, 6th floor, at the Superior Court of Orange County, Lamoreaux Justice Center
• 341 The City Drive S.
  Orange, CA 92868
• (7-14) 935-7956

A domestic violence restraining order can be extremely helpful. The terms of any domestic violence restraining order can contain any combination of the following conditions:

• Not to contact or go near you, your children, other relatives, or others who live with you
• Not to have a gun or ammunition
• To Move out of your house
• Obey child custody and visitation orders
• Pay child and/or spousal support
• Obey orders about property

If the person restrained violates a domestic violence restraining order, they have committed a crime and are subject to immediate arrest, prosecution by the District Attorney, and may have to serve time in the Orange County jail. Any Orange County criminal defense lawyer knows that most protective orders in Orange County also restrain the person from coming within a specific distance (such as 100 yards) from the victim.

Usually, you can get a Temporary Restraining Order against the person on the same day you fill out the forms. The judge will usually set a hearing about three weeks from the day you get the temporary order. At the hearing, the judge will want to hear from both sides. You are entitled to have a Domestic Violence Lawyer at the hearing with you. If you don’t have a criminal defense lawyer in Orange County, you can have one friend accompany you and sit at your table during the hearing. The judge will then decide whether to continue the domestic violence restraining order for up to five years.

If you are the victim of, or have been charged with domestic assault, criminal threats, Corporal Injury, or any other form of domestic violence, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. Or visit our website at www.EJEsquire.com. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

Domestic Violence Lawyer in Orange County