Criminal And DUI Trials: Impeaching a Witness

Orange County DUI lawyers

If the Orange County DA  has charged you with DUI, Domestic Violence, drug sales, or any other crime and you are going to trial in the case, there is a good chance your criminal defense lawyer in Orange County will want to attack the credibility or “impeach” some of the witnesses against you. The most common target of impeachment is the arresting police or CHP officer. The most common way of impeaching the officer is to show that the officer made mistakes in his or her report, including omitting information that would be favorable to you, the defendant.

In a DUI case, it is very common for the arresting officer to only record information in the report that is detrimental to the defendant. So, for example, the officer will be more than willing to share with the jury the details of your poor performance of the field sobriety tests. However, the officer will probably not tell the jury that when he observed your driving he noticed that you were keeping within the speed limit, that you never weaved or swerved, that you executed any turns perfectly, that you signaled before turns and lane changes, and that you parked your car perfectly. All of these things indicate that you were NOT impaired by alcohol or drugs. The officer will not volunteer these details and they must be dragged out of the officer by your DUI Lawyer in Orange County.

Or, in a Domestic Battery case, the arresting officer may include details in the report that are simply inaccurate, such as the address of the residence, the description of the residence, who was present at the scene, or a plethora of other details. When this happens, your Domestic Violence Attorney in Orange County should highlight these inaccuracies when cross examining the police officer. This impeachment of the officer can create powerful doubt about the accuracy of the rest of the cops report. This doubt can be the deciding factor when critical details of the officer’s report are also in dispute—if the cop was wrong about other details then he can’t be trusted on the critical details.

Other witnesses in a DUI, hit and run, domestic violence or other criminal trial can be impeached by prior criminal convictions. Since civilian witnesses often testify in criminal trials this becomes important. If the witness has been convicted of ANY felony, such as drug possession, marijuana sales, or Corporal Injury, then your Orange County criminal defense lawyer can inform the jury of this conviction. The only felony convictions that are excluded are those that have been pardoned or expunged. Also, any prior criminal conduct that reflects “moral turpitude” is admissible for impeachment whether it amounts to a felony or a misdemeanor. So prior convictions for petty theft, forgery, embezzlement or perjury are all admissible as impeachment against the witness.

If you have been charged with DUI drugs, Criminal Threats, methamphetamine possession, or any other crime in the Orange County courts call The Law Offices of EJ Stopyro today for a free telephonic consultation. You’ll speak directly to an experienced criminal defense attornye in Orange County who will advise you of your options. Call (949) 559-5500 or visit our website at www.EJEsquire.com. We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92927 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorney in Orange County

 

DUI Arrest and Alprazolam (Zanex): Drug DUI’s Are On The Rise

Orange County DUI Attorneys

While the alcohol-related drunk driving arrest is still, by far, the most common type of DUI arrest, any Orange County DUI Lawyer will tell you that in recent years there has been a great increase in the District Attorney charging DUI drugs caused by the prescription drug alprazolam, better known as Zanex. A drug DUI carries the same potential sentence to the Orange County jail. Zanex is one of a class of drugs known as benzodiazepines. These drugs affect brain chemistry and tend to reduce anxiety. As a result, Zanex is now routinely prescribed by doctors to treat anxiety and depression. Zanex may be habit forming and should never be taken by pregnant women. Zanex should NOT be taken with alcohol because Zanex, and other benzodiazepines, will increase the sedative effect of alcohol.

DUI Attorneys in Orange County know that Zanex is typically prescribed for anxiety in initial doses of  0.25 to 0.5 milligrams three times per day. This dose may be increased over several days up to 4 milligrams per day over several doses.  For panic disorders it can be prescribed up to 10 milligrams per day—divided into several doses. It is also used for depression with an average dose of 4.5 milligrams per day divided into several doses.

If you are arrested for a DRUG DUI, or maybe for a combination of drugs and alcohol, then the arresting officer will not give you the choice of a blood test or a breath test. The law says that if the officer has articulable reasons to believe that you are under the influence of drugs, then the choice between blood or breath and must submit to a blood test or be charged with a    refusal. Experienced DUI Lawyers in Orange County know that the half-life of Alprazolam (Zanex) is about 11 hours. This means that 11 hours after taking a dose of Zanex, your body will have metabolized half of it. After another 11 hours 75% of the drug will be metabolized. Thus, the more of the drug you take, the longer it will remain detectable in your blood. Typically, it can be detected in the blood from 2 to 4 days after taking it.

If you have been arrested for DUI, DUI with injury, under 21 DUI or OTHER call The Law Offices of EJ Stopyro at (949) 559-5500 today. You can speak with an experienced DUI Lawyer in Orange County and learn the defenses in your case and your options. The consultation if free and confidential. You can also visit our website at www.EJEsquire.com. We have offices at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

 Orange County criminal defense lawyers

Driving Under the Influence of Drugs: What is Methamphetamine?

DUI Attorneys in Orange County

Most people are well aware that they can be arrested for driving under the influence of alcohol. Terms like wet reckless point to the use of alcohol. But driving under the influence of drugs can lead to the same conviction for DUI as alcohol can. DUI Attorneys are well acquainted with the many drugs that are commonly at the root of a drug DUI charge by the Orange County DISTRICT ATTORNEY. Drugs like Zanex and Vicodin are commonly found in a blood test following an arrest for DUI. But other, often illegal drugs like marijuana, cocaine, heroine and methamphetamine are also commonly alleged as causing impairment in a DUI prosecution. Methamphetamine has become more and more common in recent years.

Methamphetamine, often called chalk, chrissy, crank, crystal, glass, go, hydro, ice, meth, rock candy, speed and whiz, is a central nervous system stimulant. Most methamphetamine is produced in illegal clandestine laboratories. However, it is also produced by pharmaceutical companies in 5, 10, and 15 milligram doses. Orange County criminal defense lawyers know that methamphetamine is used in treatment of narcolepsy, attention deficit disorder (ADD) and attention deficit hyperactivity disorder (ADHD).  According to the National Highway Traffic Safety Agency (NHTSA) the typical medical doses are from 10 to 40 milligrams per day. Methamphetamine is also sometimes medically used for obesity and some eating disorders.

  DUI Attorneys in Orange County handling a methamphetamine DUI case will want to know what the blood concentration of methamphetamine was for their client. Blood concentrations can often show whether the client has a therapeutic dose in their system or a higher, “abusive” dose. Peak blood concentrations of a person arrested for DUI will typically occur about two-and-a-half hours after taking meth orally. The peak concentrations can occur much earlier when the meth is injected, snorted or smoked.

The effects of methamphetamine on driving can be good or bad. Meth, in the right does, will increase alertness, attentiveness, and reaction time. It helps relieve fatigue and promote a feeling of well-being. Thus, it could actually improve driving ability. However, in high doses, it could cause agitation, lack of attention, extreme restlessness, depressed reflexes, poor coordination and balance, the inability to follow directions, suppressed impulse control, poor high-risk decision making, and paranoia. Typically, the officer conducting field sobriety tests during a DUI investigation for methamphetamine will report that the driver was constantly moving, unable to stand still, couldn’t follow directions, spoke incessantly, and had a dry mouth.

If you were arrested by the California Highway Patrol, Orange County Sheriff’s Department, or a police agency and you are facing charges for first-offense DUI, felony DUI, refusal, or DUI with injury call The Law Offices of EJ Stopyro at (949) 559-5500 today for a free and confidential telephonic consultation. You will speak with an experienced DUI Lawyer in Orange County who will help you understand your options and the DUI penalties  in your case. 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, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Lawyer in Orange County

Drug DUI: Methamphetamine in a Speedy Trial

     DUI Lawyer in Orange County  

Although driving under the influence of alcohol is by far the most common type of DUI, there are also plenty of arrests and prosecutions by the Orange County DA for driving under the influence of drugs—be it prescription drugs or illicit drugs, such as heroin, marijuana, cocaine and methamphetamine. However, as DUI Attorneys in Orange County know, it can be harder for the district attorney to get a conviction for driving under the influence of drugs DUI drugs than for an alcohol related DUI.

That’s because the DUI law, California Vehicle Code Section 23152(b), makes it illegal to drive with a particular level of alcohol in your blood—can’t drive with 0.08% or more. It can be hard for Your Orange County DUI Lawyer to fight a blood-test result. But for DUI drugs there is no set limit of drug that is allowed. Instead, the prosecutor must prove that the driver was so impaired by the drug that he or she was not able to operate a motor vehicle with the same care and caution customary of a sober person. Some drugs, like methamphetamine, can actually improve driving. That makes it difficult to get a conviction for DUI drugs.

Some fun facts about methamphetamine that I’ve learned while working as a DUI Attorney in Orange County  are: There are two types or isomers of methamphetamine; D- and L-. The D- type is the one used illicitly. L- type found in non-prescription inhalers has a different effect. Doses of 5 to 10 milligrams of methamphetamine typically result in blood concentrations between 20 and 60 ng/ml. One study of smoked methamphetamine found a peak blood concentration of 30 ng/ml one hour after a single dose of 10 milligrams of methamphetamine. In another study peal plasma concentrations were achieved in 3.6 hours where dose was orally given.  Amphetamine is the major metabolite of methamphetamine.

In the Cook study, known by some of us  criminal defense lawyers in Orange County, a 30mg dose was administered in a pipe (smoked). Plasma rates rose rapidly and plateaued at 40 – 44 ng/ml after one hour. Rose slightly for the next hour. Concentrations then declined—after 8 hours plasma levels were the same as after 30 minutes. DUI Lawyers know the average half-life elimination of methamphetamine is 11.7 hours with a range of 8 to 17.   Plasma concentration time curves for smoked or orally ingested methamphetamine are similar. However, there is a more rapid rise for the smoked methamphetamine. Maximum concentrations of methamphetamine were achieved in 3.1 hours for orally ingested methamphetamine and in 2.5 to 2.7 hours for nasally snorted meth.

If you face charges for DUI with injury, felony DUI, or DUI with priors, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com. We have office locations at 19601 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Lawyer in Orange County

California Penal Code Section 148(a): Contempt of Cop

DUI Lawyers in Orange County

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

criminal defense lawyer in Orange County

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DUI Trial: Things to Consider

Orange County DUI lawyers

If you were arrested by the   California Highway Patrol, Orange County Sheriff’s Department, or by a local police agency for DUI or DUI drugs, then you and your Orange County DUI Lawyer may end up taking the case to trial. Typically the DA will file two counts of DUI against a person where alcohol is involved: California Vehicle Code Section 23152(a) makes it a crime to drive while under the influence of drugs or alcohol, or any combination of them, if the drugs and/or alcohol impaired you to such a degree that you could no longer have the ability to drive with the caution and care of a sober person. Having objective symptoms of use of a drug or alcohol is not enough to convict you of DUI. For example, a driver who has used methamphetamine may, during the DUI investigation and field sobriety tests, display classic signs of methamphetamine use such as dilated pupils, facial twitching, stuttering and profuse sweating. But that is NOT enough to convict someone of DUI. In order to get a DUI conviction the DA must prove that your ability to drive was impaired.

If the district attorney does not present sufficient evidence of impairment of driving ability, your DUI Lawyer in Orange County should make a motion after the DA’s case to have the case dismissed for lack of evidence. These motions are typically denied by trial judges in the Orange County courts but they can present grounds for a successful appeal. If the judge does deny the motion, your DUI case will continue and it will be time for your criminal defense lawyers in Orange County to present any witnesses or evidence in your case. A defendant does not have to present any case but must be given the opportunity to do so. Sometimes, a defendant doesn’t put on any case. Rather, your DUI Attorney will argue to the jury that the district attorney did not meet their burden of proof—proof beyond a reasonable doubt of every element of the offense.

California Vehicle Code Section 23152(b) simply makes it a crime to drive with a blood-alcohol of 0.08% or greater. The DA doesn’t need to show any impairment at all in order to convict you of this offense. The DA need not show that you failed any field sobriety tests or that you drove poorly. Just having a 0.08% or higher is a crime. In order to defend this charge your DUI Lawyer may argue a rising defense, an error in the breath test or blood test, or that there was insufficient evidence that you were actually driving.

So the charges of 23152(a) and 23152(b) are completely different. Where alcohol is involved, the prosecutor usually charges both. Where the case is a refusal or where only drugs are involved, or a combination of drugs and some alcohol (below a 0.08%), the district attorney will usually only charge 23152(a).

If you have been arrested for   DUI with injury , felony DUI, or DUI with priors, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. You can speak to an experienced DUI Attorney in Orange County about your options. Or visit our website at www.EJEsquire.com. We have offices locations at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.

DUI Attorneys in Orange County

Domestic Violence: The Emergency Protective Order

Orange County Domestic Violence Lawyers

If you or your family has or is suffering from domestic abuse, including any form of Domestic Battery, including Criminal Threats, and you need protection right now, call 911! Domestic abuse, as defined on the Orange County Court website, means to intentionally or recklessly cause or attempt to cause bodily injury to you; or sexually assault you; or to place you or another person in reasonable fear of imminent serious bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass, telephone, or contact you; or to disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical.

Moreover, if you have suffered from Domestic Violence then you are entitled to the protections of a domestic violence restraining order. An Emergency Protective Order is a short-term restraining order that the police serve on the person committing the abuse. A Domestic Violence Restraining Order lasts longer and is issued by the court. You could call one of many local Domestic Violence Attorneys in Orange County to answer your criminal law questions. For help filling out the forms necessary to get a domestic violence restraining order you can go to or call the:

• Domestic Violence Assistance Program Office located in room C611, 6th floor, at the Superior Court of Orange County, Lamoreaux Justice Center
• 341 The City Drive S.
  Orange, CA 92868
• (7-14) 935-7956

A domestic violence restraining order can be extremely helpful. The terms of any domestic violence restraining order can contain any combination of the following conditions:

• Not to contact or go near you, your children, other relatives, or others who live with you
• Not to have a gun or ammunition
• To Move out of your house
• Obey child custody and visitation orders
• Pay child and/or spousal support
• Obey orders about property

If the person restrained violates a domestic violence restraining order, they have committed a crime and are subject to immediate arrest, prosecution by the District Attorney, and may have to serve time in the Orange County jail. Any Orange County criminal defense lawyer knows that most protective orders in Orange County also restrain the person from coming within a specific distance (such as 100 yards) from the victim.

Usually, you can get a Temporary Restraining Order against the person on the same day you fill out the forms. The judge will usually set a hearing about three weeks from the day you get the temporary order. At the hearing, the judge will want to hear from both sides. You are entitled to have a Domestic Violence Lawyer at the hearing with you. If you don’t have a criminal defense lawyer in Orange County, you can have one friend accompany you and sit at your table during the hearing. The judge will then decide whether to continue the domestic violence restraining order for up to five years.

If you are the victim of, or have been charged with domestic assault, criminal threats, Corporal Injury, or any other form of domestic violence, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. 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, 2^nd floor, San Juan Capistrano, CA 92675.

Domestic Violence Lawyer in Orange County