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, 2nd floor, San Juan Capistrano, CA 92675.
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