Saturday, September 14, 2013

DUI Charge: Sometimes It Pays To Fight




I’ve been a DUI Attorney in Orange County for over a decade and I’ve handled hundreds of DUI  cases. Sometimes, a case will look nearly unwinnable at first, but when you fight, good things can happen. Perhaps the field sobriety test results were very bad, the driving very poor, or maybe the client’s blood-alcohol level is very high as measured by a breath test or blood test. However, when a client is charged with a DUI, it is my job to go over the evidence with a fine-toothed comb for any weakness in the District Attorney’s case.

In the case of People v. Robert G. my client was charged with hit and run and a second-offense DUI in Orange County. He was facing several months of jail time so he decided to retain a DUI Lawyer in Orange County. Robert crashed his car into a building in a downtown area at night. When the police arrived two witnesses pointed at Robert, who was standing near his car on his cell phone. His car was stuck up on a planter box. Robert exhibited a strong odor of alcohol, red, watery eyes, and trouble maintaining his balance. Robert refused to give a blood or breath sample or to take field sobriety tests. Robert resisted the officers and tried to leave the scene.

As Robert’s Orange County DUI Lawyer, once the prosecution rested its case, I recognized that the DA never really connected Robert to the car as the driver. They didn’t produce any evidence that Robert owned the car or that it was registered to Robert. Nor did the prosecution provide evidence of any car keys in Robert’s possession or that the driver’s seat and the mirrors were adjusted to someone of Robert’s height. Most importantly, the DA didn’t produce any witness who saw Robert actually drive or get out of the car. Therefore, I made a motion that the case be dismissed for lack of evidence that Robert was the driver—a point that the DA MUST prove by evidence beyond any reasonable doubt. Predictably, the trial judge denied the motion and after several days of trial, Robert was acquitted or hit and run but convicted of DUI. He was sentenced to 90-days in the Orange County jail.

As Robert’s Orange County DUI Attorney I kept Robert out of jail while I filed an appeal on grounds of insufficient evidence. The appeal was granted. The DUI  conviction was reversed and the entire case against Robert was dismissed without Robert ever serving a day of the 90-day jail sentence. (Appellate Division, Central Justice Center)

If you have been charged with a DUI, hit and run, or a DUI with injury, call The Law Offices Of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation. You’ll speak directly to an experienced DUI Attorney.

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