Tuesday, December 31, 2013

DUI And Hit And Run: Often Charged Together



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

Saturday, December 21, 2013

DUI And Criminal Convictions: Getting To The Court Of Appeal


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

identity theft   embezzlement






Saturday, December 14, 2013

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

Thursday, December 12, 2013

Domestic Violence And The Vandalism Charge



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

 

Saturday, December 7, 2013

Violating DUI Probation Can Mean Mandatory Jail Time



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

Tuesday, December 3, 2013

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

Sunday, December 1, 2013

DUI License Suspension: 10 Reasons Not To Drive



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, 2nd floor, San Juan Capistrano, CA 92675