Changes to The DUI Law: CVC 23152

DUI Lawyer in Orange County

The main drunk driving statute for California, California Vehicle Code Section 23152, takes on a new look in 2014, but the substance is still the same. Most Orange County DUI Attorneys can almost cite section 23152 verbatim. And it has long been true that we DUI attorneys refer to “the A count” to refer to the part of the DUI law that makes it illegal to drive with any drug or any level of alcohol in your system such that the driver can no longer driver with the same care and caution customary of a sober person. (field sobriety tests are important here) The “A count” was the primary charge by the District Attorney where a person was charged with driving under the influence of a drug (DUI drugs ). If the person had no alcohol in their system, they would only be charged with the A count. The A count was also called the “lightweight count” because even if a driver has a blood-alcohol level below a 0.08% on a blood test or a breath test, the driver can still be found guilty of a DUI at a jury trial in the Orange County court. The “B count” on the other hand has always been recognized by drunk driving lawyers as that part of the DUI law that prohibits any person from driving with a blood-alcohol level of 0.08% or greater, no matter how little they may be impaired by the alcohol on board.
The new language of Vehicle Code Section 23152, the drunk driving statute, now eliminates this shorthand from the vernacular of Orange County DUI lawyers—at least with respect to driving under the influence of drugs or “DUI drugs”. The new section still makes it illegal to drive under the influence of alcohol, but says nothing about driving under the influence of drugs. For some reason, the legislature has found it necessary to give the offense of DUI drugs its own subsection. Subsection (e) of section 23152 now states “it is unlawful for a person who is under the influence of any drug to drive a vehicle.” The reason for the change is a mystery.
Moreover, the A count used to specifically address the offense of driving under the influence of a combination of drugs and alcohol. That offense has also been given its own subsection. Subsection (f) of section 23152 now makes it a separate offense. It states: “it is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” DUI Lawyers in Orange County will now have a new shorthand for the various offenses; the A count now only means driving under the influence of alcohol, regardless of the tested blood-alcohol level. The B count still means driving with a blood-alcohol level of 0.08% or greater, the E count will now mean that the person is accused of driving under the influence of a drug (drug DUI) and the F count will refer to the situation where the driver has both alcohol and drugs on board and was too impaired to drive, regardless of the blood-alcohol level. The C count still makes it illegal for a person who is addicted to a drug to drive with that drug on board and the D count still criminalizes driving a commercial vehicle with a blood-alcohol level above a 0.04%.
Thus, a person could conceivably be charged with six counts of DUI all stemming from one single act of driving. Of course, even if a person were convicted of all six counts, he or she could only be punished once. This single punishment rule is found in penal Code Section 654.
If you face any of the above DUI charges, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced DUI Attorneys in Orange County. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
criminal defense lawyers in Orange County

Criminal Threats: Threatening To Defend Yourself Is Not A Crime

Criminal defense lawyers in Orange County

California Penal Code Section 422 makes it illegal to threaten to kill or cause great bodily injury to a person or a member of that person’s family, with the specific intent that the statement be taken as a threat, even if there is no real intent to carry it out. This law is also known as “terrorist threats” but that name has fallen out of favor. Orange County criminal defense lawyers know that this law is a “wobbler”. This means that the District Attorney can charge it as either a felony or as a misdemeanor. If the criminal threat is charged as a misdemeanor, the defendant faces a maximum punishment of one year in the Orange County jail.  If Criminal Threats is charged as a felony, then the defendant faces up to three years in the California state prison. If any enhancements apply—such as use of a firearm, prior prison term, or gang enhancement just to name a few, then more prison time may be added. In deciding whether to charge the criminal threat a misdemeanor or felony the prosecutor usually considers the defendant’s criminal record, the circumstances under which the threat is made, and the seriousness of the threat itself.

If you are charged with making a criminal threat it is important that you are represented by a skilled criminal defense or Domestic Violence Attorney in Orange County. Not every threat can be prosecuted. For example, in a recent case handled by criminal defense lawyers at The Law Offices of EJ Stopyro, the defendant was on vacation with his brother in Las Vegas. The two had an argument and the defendant returned to Orange County. His brother returned shortly after and came to the defendant’s house to pick up his vehicle. The “victim” contacted the defendant in front of the defendant’s house. They argued briefly before the defendant said to the victim “I’ll shoot you in the head”. The victim immediately reported this to the police and the defendant was arrested and charged with violating Penal Code Section 422—criminal threats.   

When I investigated the case I found that when the brothers were in Las Vegas, the “victim” has actually assaulted the defendant. The defendant called the police but no arrest was made. Moreover, the victim was much younger and stronger than his older brother. And finally, when the two argued in front of the defendant’s home, it was the victim who advanced toward the defendant and it was that advance that caused the defendant to say “I’ll shoot you in the head”.  I presented this evidence to the District Attorney and argued that the defendant’s threat was not illegal because he was threatening to defend himself against a person who has previously assaulted him and appeared ready to assault him again. On the day of trial the District Attorney offered to reduce the charge. The victim and his criminal defense lawyer refused the offer and demanded to go to trial. The District Attorney dismissed all charges against the defendant rather than go to trial. The lesson: a threat to cause death or serious injury is not a crime when made in self-defense.

If you have been charged with criminal threats or any other crime such as Domestic Violence, drug sales, or  identity theft call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County criminal defense attorney. 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.

Domestic Violence Lawyers in Orange County