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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