Cited in Catalina: Summer 2019 Edition

It's been a busy summer in the Catalina Courthouse.  As always, our firm defended more criminal cases on the island than any other private firm (not the Public Defender Panel).  As the most experienced local attorneys in Catalina, we're also still covering cases for other lawyers who are unable to appear on behalf of their own clients on the island.

We got some great results this summer in cases involving controlled substances, illegal fishing, poaching abalone, drunk in public, battery, domestic violence, DUI, vandalism, theft, possession of controlled substances, and just about every other offense arising in and around Catalina Island.

And the season isn't over.  There are still a few big events and concerts slated for September and October (not to mention Buccaneer Days...).  If you're planning to attend one of these, save my number now (714) 449-3335.

As usual, the bulk of arrests in and around Catalina Island this year involved alcohol-related offenses.  "Drunk in public" charges are nothing new.  I keep trying to warn people, but nobody reads this blog until after they've been arrested -- authorities on Catalina treat "drunk in public" cases very seriously.  The LA Sheriff and the District Attorney prosecute these charges aggressively.  A simple PC 647(f) arrest in most places means a night in jail and a stern warning.  In Catalina, the same arrest can lead to probation, community service, mandatory AA meetings, high fines and even jail.  This is a shocker for attorneys who aren't familiar with the local "justice" system in Avalon.

Visitors also need to be aware that golf carts are considered "motor vehicles" in California.  That means the 0.08% blood alcohol limit applies.  Driving a golf cart while impaired by alcohol or marijuana is a DUI.  A lot of tourists learn this lesson the hard way every year ("But isn't that what golf carts are FOR?!?").

Fishing laws are just as complicated and DFW agents are just as aggressive as ever.  They're still busting unsuspecting fishermen who accidentally drift into protected areas, and they're still inspecting coolers for unidentifiable or undersized fillets.  If you are fishing in or around Catalina Island, take a good nautical map, a reliable GPS and an updated copy of the CA DFW fishing regulations.  We're getting close to lobster season, so expect game wardens to be on full-alert.

If you or a loved one has been cited or arrested on Catalina, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer

What We're Working On Now

It's been a while since I've published an update.  We've been busy and I'm proud of some of our recent results.  Here are a few highlights, if I may brag:

-LF v. GT:  We represented the respondent in a Civil Harassment Restraining Order.  His next door neighbor was seeking protection based on a series of baseless, frivolous allegations.  Most of the petitioner's claims were not actually grounds for a restraining order, and she had no evidence or witnesses to support other accusations she was making.  I warned the petitioner before the hearing that she had exactly zero chance of winning, and I gave her the opportunity to save her own time and mine.  Instead, she chose to waste a bunch of taxpayer resources before leaving the court sad and empty-handed.  My client was happy, though, so I'm happy.

-People v. RR:  My client was arrested last year on suspicion of DUI.  At the time of his arrest, officers found tactical gear, police scanners, a dagger and a replica firearm in his car.  The DUI was reduced down to "wet & reckless" and my client was never charged or convicted for anything related to impersonating an officer.  The items in his car were not contraband and there was no evidence that they were tied to any crime.  This week, a judge ordered the San Gabriel Police Department to return all of those items to my client.

-People v. AO:  My client was visiting Disneyland with her family.  Her mom had previously given her a "self-defense" key chain, with an object that could technically be considered "brass knuckles" attached.  She obviously didn't intend any harm and she had even flown on a commercial flight carrying the item.  Police at Disneyland, though, decided to cite her for a misdemeanor.  This week, the Anaheim City Attorney agreed to reduce the charge to an infraction so that it will not affect her criminal record.

-People v. MA:  Our defendant is a mentally ill homeless man who was charged with several counts of trespassing and being drunk in public around Orange County.  He had at least one case with the Orange County District Attorney, and a handful of others that were prosecuted by the Anaheim City Attorney.  Defendant's family got him into a residential alcohol treatment facility.  We were able to coordinate a deal with both prosecuting agencies so that our client would receive "credit for time served" in treatment.  Some counts were dismissed and others were given a "terminal disposition" (time served, no probation).

-JS v. KC:  We represented an elderly man in a restraining order that his (also elderly) wife had filed against him.  After prolonged negotiations, she agreed to dismiss the case entirely and to seek couples' therapy jointly with my client.

-People v. JG:  Our client was accused of a laundry list of felony charges, including domestic violence, child endangerment and false imprisonment.  By the time we were done, he pled to a misdemeanor with no jail time.  I call that a "win".

We're currently fighting some really interesting cases, but I can't comment while they're pending.  I hope to share some more good news soon.  Stay tuned for future success stories as they become available.

If you or a loved one has questions, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Orange County Criminal Defense Attorney

Arrested in Catalina: What to Do Now

Cops on Catalina don't mess around.  If you're reading this, you probably learned that the hard way.

Every summer, hundreds of thousands of visitors flock to Catalina to enjoy everything the island has to offer.  For many, that includes alcohol.  For some, that also includes a night at the Avalon Sheriff's Station.  If you were cited or arrested while visiting Catalina Island, this blog is for you.

Our office defends more cases on Catalina every year than any other private attorney or law firm.  Only the Public Defender handles more Catalina cases than us.

Catalina court is it's own world, too.  Most visiting attorneys are shocked by how "differently" things are done there.  Among other peculiarities, the building is only open on alternating Fridays.  If you show up on a Thursday, the doors will be locked.  Plus, no case files are kept on site -- they're stored in Long Beach.  That means the judge probably can't accommodate you if you show up unexpectedly when your case is not scheduled to be heard on the day's calendar.  Adding a case onto the court's calendar (to recall a warrant or to request an extension, etc.) can be an ordeal in itself.

The court staff, including judge, prosecutor, recorder and clerk fly out by helicopter from San Pedro for each appearance.  The bailiff, defense attorneys and most of the defendants travel by boat from Long Beach.  Any sort of inclement weather on either side of the channel can completely foul up everything.  Sometimes, the helicopters are flying but the boats aren't running, so the court staff shows up but none of the defendants appear.  Sometimes the opposite happens and the judge calls in over the phone.  Either way, it doesn't take much to gum up the works.

Despite what the deputy or game warden told you, your case will not be heard in Long Beach.  All misdemeanors and infractions arising in and around Catalina are prosecuted on the island.  Felonies are filed in Long Beach, though.  The most commonly charged crimes on the island are probably drunk in public, DUI, various fishing violations, possession / under the influence of a controlled substance, assault / battery, domestic violence, fighting and shoplifting.  As I've previously written on this blog, you can be arrested for DUI on a golf cart.

Another unusual thing about the Catalina Courthouse is their general hostility toward alcohol-related offenses.  Every court in every county has its own priorities (as determined by the elected District Attorney for his own political reasons).  Some courts are lenient with firearms but harsh on domestic violence, for instance.  The Catalina court is exceedingly harsh on offenses like "drunk in public".  In most parts of California, a 647(f) arrest means a night in jail and a stern warning.  In Catalina, the DA's standard offer for a 1st-time drunk in public charge includes probation, community service, AA meetings, and fines.  Jail is even on the table for repeat offenders and exceptional cases.

About half of the defendants in Catalina court are there for some fishing-related offense.  Fishing inside a protected area is a big one, along with a million other ticky tacky minor infractions -- some of which carry disproportionate fines.  The minimum fine for an abalone violation, for instance, is over $60,000.

The good news in all this is that, for most misdemeanor cases in California, you do not need to personally appear in court.  A private attorney like myself can appear in your place for most hearings.  I can save you the time and expense of traveling all the way back to Catalina for a series of routine appearances.

If you or a loved one has been cited or arrested while visiting Catalina, call our office for a free attorney consultation.  Ask for John.  (714) 449-3335.

Catalina Island Lawyer

Arrested in Catalina -- What to Expect

If you found this blog, you're probably one of the hundreds of tourists every year who "have too much fun" while visiting Catalina Island.  Hopefully, I can answer some of your questions and give you a better idea of what to expect.

The most commonly-charged offenses on the island include drunk in public, DUI, domestic violence, possession of drugs, assault / battery and fishing violations.

Alcohol-Related Violations

Alcohol-related offenses are treated especially harshly in Avalon.  Local police and prosecutors have really made a concerted effort to maintain their "family friendly" reputation, and they've decided that this includes bringing down the hammer on alcohol offenders.

In most California courts, an arrest for being "drunk in public" means a night in jail and a stern warning.  In Catalina, though, you're looking at probation, CalTrans labor or some other community service, fines, mandatory alcohol counseling or AA meetings, and whatever onerous terms they can think to impose.

And remember, golf carts are considered "vehicles" under California law.  If you drink alcohol or consume drugs before operating an electric cart, you can be arrested for DUI.  These types of cases are common on the island.

Fishing Violations

Fishing laws are also a minefield for visitors.  Catalina Island is surrounded by a checkerboard of "marine life protected areas".  These sanctuaries are not marked and wardens do not issue warnings.  If you drift across the imaginary line into one of the protected areas, agents from the Dept of Fish & Wildlife will issue citations.  They will board your boat and search your cooler for contraband species and undersized fish.  You will be criminally prosecuted for every ticky tacky offense that they uncover, regardless of whether or not you knew that you were breaking the rules.
Possession of unidentifiable fish fillets are a big violation that snares a lot well-meaning anglers.  If you clean your fish at sea, remember to leave a 1" square of skin attached so that wardens can identify the species.

Possession of abalone can also be a major headache for divers around Catalina.  The minimum fine for possession of a single abalone is $10,000.  Once all the mandatory fees and court costs are included, the minimum fine jumps to over $60,000 for a first offense.  That's the MINIMUM.  Luckily, we have some tricks for negotiating these cases down to less than the minimum in most cases.

Logistics

The tiny courthouse on Catalina Island is open every other Friday, weather permitting.  Most of the week, the building is dark and empty.  They do not store any files on site.  If you appear in court on a date when they were not expecting you, they will not be able to help you.

To schedule a court appearance, you (or your attorney) must appear at the courthouse in Long Beach and coordinate with the clerks and prosecutors there to add your case onto the Catalina calendar for a date that is convenient for all parties.  Failure to follow all the appropriate steps will result in a wasted trip.

To make matters even more frustrating, cases on Catalina are often delayed or filed sometime after the date listed on your citation.  When that happens, you might spend the time and money to travel all the way back to Catalina, only to find out that your case has been rescheduled for next month.  Your case will not simply be dismissed.

If you've been cited or arrested while visiting Catalina Island, a private attorney (such as myself) can attend your court hearings without you being personally present in most cases.  There's no sense in traveling all the way back to the island for a series of routine appearances.  Let me save you the time, expense and hassle by appearing for you.  I can receive copies of police reports, negotiate with the DA and work to secure the best outcome possible for your case.

If you or a loved one was cited or arrested on Catalina Island, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer

Drunk In Public on Catalina Island -- What to Expect

In the 9 years that I've been serving clients in the Catalina Courthouse, I have watched the island turn into a hot spot for Drunk in Public enforcement.

Not long ago, local sheriffs would regularly escort drunken tourists back to their hotels.  If an inebriated visitor couldn't remember where he was staying, or if he didn't have accommodations for the night, deputies would even him help book a room.  It took effort to get arrested for PC 647(f) in Avalon.

In the rare case where someone was actually cited and booked for being dangerously drunk, the prosecutor was generous with a plea offer when the case got to court.  A typical deal used to include reducing the misdemeanor charge to an infraction, paying a small fine, and promising not to do it again.

Times have changed, though.  A new crop of deputy sheriffs and prosecutors on the island have recently adopted a zero-tolerance, no-holds-barred approach to disorderly conduct in Avalon.  Today, the Catalina Court imposes some of the harshest penalties in the state for alcohol-related offenses.  Standard offers now include probation, hefty fines, mandatory attendance at AA meetings and significant amounts of community service or hard labor (not to mention, a misdemeanor conviction on your criminal record).  This doesn't mean that the DA always gets what they want, but you and your attorney should be prepared for a fight.

Lawyers from outside of the area may be shocked when they appear in court on the island for the first time.  In most courthouses, "drunk in public" is considered a very petty crime.  Prosecutors in downtown LA, for instance, have bigger fish to fry.  They cannot afford to dedicate significant resources to throw the book at some tourist who got caught staggering back to his hotel.  Catalina takes these cases seriously, though.  You should, too.

Section 647 of the California Penal Code governs a variety of bad behaviors that collectively fall under the umbrella of "disorderly conduct".  Subsection (f) specifically prohibits public drunkenness.  PC 647(f) is a misdemeanor, meaning that the maximum penalty includes 6 months in jail and a base fine of $1,000.00.  After all the mandatory fees and court costs are tallied, the total maximum fine is about $5,000.00.

To be convicted of PC 647(f), the prosecutor must prove 3 elements:

1. That the defendant was under the influence of drugs or alcohol, AND
2. That the defendant was in a public place, AND
3. That the defendant was unable to care for his own safety or the safety of others, OR that the defendant interfered with a sidewalk or public walkway

Each of these elements is subject to some argument and interpretation.  How drunk does someone have to be before he is considered "under the influence"?  What if the person had been "dosed" or was involuntarily impaired?  What counts as a "public place"? etc.  These cases can be more complicated than they appear.  

Of course, the defense in your case will depend on the specific facts and circumstances surrounding your arrest.  Why were deputies summoned in the first place?  Did some witness(es) complain about your behavior?  Was the arrest recorded in any way (audio or video)?  Did the arresting officers conduct any sort of chemical test (e.g. a breathalyzer, etc.)?  Were you cooperative or belligerent?  Do you have a history of alcohol-related arrests?  Do the "interests of justice" dictate that you be harshly punished or that you deserve some lenience?  

Our office defends more cases on Catalina Island every year than any other private attorney in the State of California.  We have extensive experience in fighting against Drunk in Public charges, as well as all other misdemeanors that arise in and around Avalon.  In most cases, we can appear in court on your behalf so that you don't need to worry about traveling all the way back to Catalina for a series of court appearances. 

If you or a loved one have been cited or arrested while visiting Catalina, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

  

Catalina Island Lawyer

Can I Get a DUI on a Golf Cart in California?

Section 23152 of the California Vehicle Code prohibits anyone from operating a "vehicle" while impaired by drugs and / or alcohol.  Under the law, "vehicle" is not limited to "gas-powered vehicle" or "automobile" -- the law just says "vehicle".  Courts have determined that this includes any motorized vehicle, including golf carts.

Section 23152 of the Vehicle Code applies everywhere within the state of California, even on private property and off of public roads.  You can be arrested for DUI in a dune buggy in the middle of the desert, or in a golf cart on a private golf course.

There's an important distinction when it comes to bicycles, though.  Bicycles are not "vehicles" for the purposes of VC 23152.  Instead, pedal-driven (non-motorized) bicycles are governed by VC 21200.5.  That code section says that it is illegal to ride a bicycle while "impaired" by drugs and / or alcohol.  The 0.08% BAC limit does not apply on bicycles.  Rather than proving your specific blood-alcohol concentration, the DA must prove that you were dangerously drunk or impaired by drugs.  If you are arrested on suspicion of cycling under the influence, you may demand a breath or blood test, but you are not required to provide one.  VC 21200.5 only applies on public roads -- it is not illegal to get inebriated and ride a bike on private property in California.  A conviction for "Cycling Under the Influence" carries much lower penalties than a DUI in a motor vehicle.

Mopeds and electric bicycles get even more confusing.  Whether they're powered by gas or electric motors, motorized bicycles are both bicycles and motor vehicles.  Which rule applies then?  That depends on whether or not the motor is engaged.  If the cyclist is riding under pedal power, then the bicycle is not considered a "motor vehicle" at the moment.  A rider may legally pedal a moped or an electric bicycle on a public street while his BAC is greater than 0.08%, as long as he can do so safely.  When the motor is engaged, though, mopeds and electric bicycles suddenly become "vehicles" and the 0.08% limit applies.

There are many possible defenses to charges related to driving or cycling under the influence, especially when unconventional "vehicles" are involved.  If you or a loved one has been arrested for some DUI-related offense in California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton DUI Attorney

What to Do if You're Pulled Over for a DUI

If you are stopped by police on suspicion of DUI, your behavior and demeanor can often determine whether or not you will spend a night in jail.  Even if you are arrested, knowing how to interact with police can make a big difference for the outcome of your case in court and with the DMV.

Do Not Talk Yourself Into Trouble

The most common mistake I see clients make is to admit they've been drinking or using drugs.  It is a crime to lie to police, but that doesn't mean that you're legally obligated to talk yourself into trouble.  You can (and should) politely refuse to answer any questions whenever you're being grilled by police.  Virtually nothing you can say will lead to less trouble than you're already in.  If you start talking and your speech sounds slurred or if your breath smells like alcohol, those observations will be noted in the arrest report.  If you admit that you've taken some prescription drugs or consumed marijuana (even medical marijuana), you will almost certainly be taken to the police station for a blood test.

Do Not Voluntarily Submit to Field Sobriety Tests

Field Sobriety Tests (FSTs, or the "roadside Olympics") are a series of standardized tasks that police use to evaluate drivers who are suspected of DUI.  Common FSTs include the "Walk and Turn" test (where subjects are instructed to walk heel-to-toe for 9 steps along an imaginary line, pivot and walk back), the "Rhomberg" test (where subjects close their eyes and tilt their head back without swaying from side to side), and the "Finger to Nose" test (what it sounds like).

Unless you are currently on probation for DUI, you are not legally obligated to participate in any of these tests.  No matter how well you perform on FSTs, the arrest report will always say that you "appeared disoriented", you "had difficultly following instructions", you were "unsteady on your feet", etc.  Those tests not intended to be "passed", they're intended to give the arresting officer plenty of reasons to form a subjective opinion that you were too impaired to drive safely.  Of course, there are plenty of reasons that a perfectly sober person might perform poorly on those tests.  They're not easy.

Do Not Submit to a Breathalyzer Before You Are Arrested

The police officer might ask if you want to voluntarily take a roadside breath test.  Again, you have no obligation to take the Preliminary Alcohol Screen (PAS) unless you are currently on probation for DUI.   Don't do it.  After you are arrested, you must provide a sample for chemical testing, but not before.

Breath Test or Blood Test?

If you are arrested on suspicion of driving under the influence of alcohol, then (and only then) you must submit to your choice of either a breath test or a blood test.  If one test is unavailable, you must take the other.  If you are suspected of driving under the influence of drugs, then you have no choice; you must take a blood test.  Breath machines cannot test for drugs other than alcohol.

The police will read you an admonishment to specifically warn you about your obligation to provide a chemical sample for testing.  If you are lawfully arrested on suspicion of DUI, the police read the appropriate warning, and you refuse to submit to a breath or blood test, your driver's license will automatically be suspended for one year.  The police may even obtain a warrant to take your blood by force if necessary.

If you are given the choice, is it better to take a breath test or a blood test?  In my opinion there are advantages and disadvantages to each.  The blood test will preserve a sample that can be retested at a private facility if you disagree with the analysis that the county crime lab provides.  Retesting that sample may reveal several different reasons that the county's toxicology report is unreliable.  If the blood is contaminated with bacteria or improper preservatives, your attorney might have a good argument to have the sample thrown out entirely.  On the other hand, a blood test will also reveal drugs other than alcohol that can form the basis for a DUI.  If you take prescription medicine, sleep aids or if you have consumed marijuana within about 5 hours before driving, prosecutors may file additional charges.

The breath test does not retain a sample for retesting and it will not reveal other drugs that might be present in your blood.  There are a handful of reasons that a breath test might be unreliable.  Your attorney may challenge the machine's maintenance and calibration, or he might argue that the officer who administered the test failed to follow the manufacturer's instructions.

If you have recently consumed ANY drugs other than alcohol (even legal, prescription drugs) and you are given the option, I would personally opt for a breath test.  If you have NOT taken any other drugs, you might choose the blood test.

To Post Bail or Not to Post Bail?

If you are arrested for a first-time DUI and nobody got injured, you will usually be released on your own recognizance within about 12 hours.  You will be required to sign a "Promise to Appear" in court on a specific date for your arraignment, usually scheduled about 6-8 weeks after your arrest.

If you have previous convictions for DUI, if your case involved a collision, or if you refuse to sign the "Promise to Appear", you might not be quickly released on your own recognizance.  Bail for a first DUI is usually $2,500 - 5,000, but it can be much higher if you are accused of causing an injury.

After You Are Released

You will be given several pieces of paper when you are released from custody.  The pink page is your temporary driver's license.  It is valid for 30 days.  Once that temporary license expires, your license will automatically be suspended.  You have a right, though, to conduct a hearing with the DMV to determine whether or not your license should be suspended before your criminal case is resolved.  You must call and request that hearing within 10 days of your arrest.  If your hearing is scheduled more than 30 days in the future, you may continue driving until you receive the results from that hearing.

A private attorney can handle everything with both the court and the DMV.  If you plan to wait more than 10 days to hire an attorney, though, you should request your DMV hearing immediately.  Once you eventually hire an attorney, he or she can contact the DMV to reschedule that hearing for some time when he or she is available.

If you or a loved one has been arrested for DUI in Orange County, call us for a free attorney consultation.  714 449 3335.  Ask for John.

Thanks for reading.

Orange County DUI Lawyer

Driving Under the Influence of Drugs in Orange County

Everyone knows that it's illegal to drive a car while you are impaired by alcohol.  The legal blood-alcohol limit, 0.08%, is one of those numbers we can all cite off the top of our heads, like 3.14 or 867-5309.  Unfortunately for a lot of my clients, though, the rules about driving under the influence of drugs are still a mystery.  I'll do my best to break it all down in today's blog post.

There's a lot of overlap in the way that courts handle "driving under the influence of alcohol" cases and cases where defendants are accused of driving under the influence of drugs.  There are also enough differences, though, that I thought the subject deserved a post.

Drunk Driving (DUI)

Section 23152 of the California Vehicle Code defines various "DUI" crimes.  VC 23152(a), for instance, says that it is illegal for anyone to operate a vehicle while he or she is "under the influence of alcohol", regardless of the person's actual blood-alcohol concentration.  To be convicted under this section, the DA does NOT need to prove that your blood-alcohol concentration was above the legal limit of 0.08%.  Prosecutors only need to prove that you were "impaired" due to alcohol, and that you could not operate a vehicle with the skill and care of an ordinary, sober person (whatever that means).  To make their case against you, the DA will introduce evidence that you had been observed driving badly, you "appeared disoriented" after the traffic stop, and you performed poorly on field sobriety tests, etc.

VC 23152(b), on the other hand, specifically prohibits anyone from driving a motor vehicle while his or her BAC is greater than 0.08%, regardless of whether or not that person is actually "impaired" by alcohol.  Even if you can "hold your liquor" and you perfectly nail all of the field sobriety tests like a champion, you can still be convicted of violating VC 23152(b) if a chemical test determines that your blood alcohol concentration is above the legal limit of 0.08%.

Starting on July 1, 2018, it will become illegal for anyone who has a BAC of 0.04% or greater to drive a car while a "passenger for hire" is present in the vehicle.  VC 23152(e) includes a definition of "passenger for hire" that makes it clear that this section applies to Uber and Lyft drivers who have a few pops on the clock, but who might still be below the legal limit of 0.08% that applies to other motorists.

Driving Under the Influence of Drugs (DUID)

This is where is gets really interesting. VC 23152(f) makes it illegal for anyone to drive a car while he or she is "under the influence of ANY drug".  "Any drug" means exactly that.  If the DA can prove that you were dangerously impaired by some substance, it is not a defense to argue that the drug was prescribed by your doctor (like Ambien), or that the drug is legal in California (like marijuana).

DUID cases, then, usually turn on a couple of obvious questions: how impaired is too impaired to drive?  And how convincingly can prosecutors prove this driver's exact degree of impairment?  Typically, police officers will testify about their objective observations (swerving, speeding, driving too slowly, etc.).  A certified "Drug Recognition Expert" ("DRE") will also tell the jury that he observed your pupils, your heart rate, your performance on cognitive test, etc., and that he formed the opinion that you were under the influence of some drug or combination of drugs.  A toxicologist from the crime lab will explain how your blood was drawn, stored and tested.  The toxicologist's reports will outline the substances that were found in your blood.  Based on the totality of all these observations from state-appointed "experts", the DA will attempt to convince a jury that you were dangerously impaired by drugs at the time of driving.

Even if the DA can prove that you were on drugs, that's not the end of the story -- and it doesn't necessarily mean that you're guilty of a crime.  In addition to proving that you had consumed drugs before driving, the DA must also prove that those drugs actually made you unsafe behind the wheel.  Of course, some prescription drugs might have the effect of making a driver more attentive or capable behind the wheel when those drugs are used in therapeutic doses under a doctor's supervision.  Some of those same substances might make a driver completely unsafe if they are abused, mixed with other drugs, or if a patient has an adverse reaction.  Adderall, for instance, is essentially an amphetamine.  When used properly, the drug performs wonders for individuals who suffer from ADD.  When abused, though, Adderall is addictive and dangerous.  If a defendant is accused of driving under the influence of Adderall (or Xanax, or Vicodin, etc.), his defense attorney might demonstrate to the jury that the levels of the drug found in his blood stream are within a "therapeutic range", where the driver is actually safer than if he would have been if he hadn't taken his meds that morning.

Allegations of driving under the influence of marijuana are even more complicated, since the drug may affect individual users differently.  Marijuana toxicology reports are especially strange.  Marijuana blood tests typically identify levels of both active delta-9 THC (the chemical that is currently causing impairment in the user, and THC metabolites, sometimes called "carboxy THC", or "COOH-THC". COOH-THC is a chemical that is produced within the body after the user has already metabolized whatever he or she previously smoked.  COOH-THC is not psychoactive.  It remains detectable in the user's blood stream for weeks after his or her most recent use, but it does not indicate that user's current level of impairment.  Delta-9 THC and COOH-THC should not be confused with each other.  Even high levels of COOH-THC are absolutely irrelevant in determining whether or not a suspect is too high to drive.  High levels of COOH-THC may be relevant, however, to prove that the defendant is a regular user and, thus, has a high tolerance to the drug.

In most of the cases I've handled where my clients are accused of driving under the influence of drugs, the DA's strongest piece of evidence is my client's own statement to police.  They admit that they "smoke a little", or a that they took some prescription drugs.  Statements like those can turn a minor traffic stop into a major arrest.  Without a confession, police might not have even suspected drug use.  Even if the officer had believed that the suspect was under the influence of drugs, there might not have been enough evidence to make an arrest or to sustain a conviction.  By talking to cops, though, suspects can make the DA's job very easy.

The Orange County District Attorney's Office has decided to make a priority out of aggressively prosecuting DUID cases.  Their agency actually receives grants from various highway safety groups to specifically target these offenses.  Those grants are used to hire teams of prosecutors who exclusively handle DUID charges.  The Orange Bubble is a bad place to be arrested on suspicion of driving under the influence of drugs.  Local prosecutors like to play hardball with these cases, but that doesn't mean that they have an advantage in court.  In fact, their aggressive attitude toward DUID often means that they choose to pursue weak cases, where the evidence just doesn't support a conviction.

Fullerton is especially a DUI / DUID enforcement hot spot.  The crowds of out-of-towners and college students who fill the bars and clubs between Commonwealth and Wilshire fuel a steady stream of DUI arrests every weekend.  All Fullerton Police officers are actually instructed to swarm the downtown area around closing time, unless they are responding to some other pressing matter.  They are also specifically trained to watch for drivers who are impaired by drugs and / or alcohol.  Fullerton police have reportedly been using a controversial new saliva test that can instantly test drivers for the presence of marijuana.  And just like the OCDA, the Fullerton Police Department receives grant money for traffic safety, which they use for DUI enforcement (which generates more money...).

If you or a loved one has questions about driving under the influence of drugs or alcohol, call us for a free attorney consultation.  714 449 3335. Ask for John.  Our local staff has extensive experience defending against all types of DUI / DUID charges in Orange County.

Thanks for reading.

Fullerton DUI / DUID Lawyer

Catalina Island Special Appearance Attorney

Our office handles more criminal cases on Catalina Island than any other private firm.  If you're scheduled to appear in the Avalon courthouse, save yourself the time and hassle of the trip and allow us to make a special appearance.

Our appearance fee is usually less than the cost of the trip, especially if you factor in the value of your time.  An appearance on Catalina Island takes most of the day.  The Catalina Express leaves from Long Beach at 6:00 AM.  If your case goes smoothly and you can catch the 11:45 boat back, you'll arrive back on the mainland around 1:00 PM.  If the court staff is delayed by inclement weather, cases are often heard in the afternoon, or not at all.  There is nothing quick or simple about a "quick and simple appearance" on the island.

We have extensive experience in defending against the most common charges that arise on Catalina, including fishing violations (undersized lobster, fishing in a protected area, commercial fishing without the necessary permits and endorsements, etc.) and other misdemeanors (drunk in public, golf cart DUI, possession of drugs and domestic violence).

If you need an appearance covered on Catalina Island, or if you have questions about what to expect, call us for a free consultation.  (714) 449 3335.  Ask for John.

Thanks for reading.

Catalina Island Lawyer

The Truth About DUI Lawyers

If you or someone you love has been arrested for a DUI, one of your first decisions must be whether or not to hire a private attorney.  Before you invest thousands of dollars on a stranger, I think it's important to have a good understanding of what a DUI lawyer can (and can't) do for you.

If your expectations of your attorney are unrealistically high, you will be disappointed and angry.  You might feel like your attorney made false promises and then ripped you off.  If your expectations are too low, you WILL get ripped off by an unscrupulous dump truck law firm.  The key, then, is to develop a proper sense of the role that DUI attorneys actually play in the process and how they can help.

At the most basic level, your attorney's job is to collect the facts, to develop a thorough understanding of your case, and to concisely explain how the law fits into those facts.  He should be able to lay out your options, your possible possible defense strategies and the risks associated with each of those strategies so that you are prepared to make well-informed decisions.

Your lawyer should take the time to outline the process so that you understand what to expect at each hearing.  Ultimately, he or she should guide you to the best conclusion possible under the circumstances, depending on your priorities.  If your attorney has done the job effectively, you should walk away with the feeling that you were treated fairly and that you received the best disposition possible.

And speaking of priorities, your attorney must have a good understanding of your goals and what you hope to achieve.  Of course, every client wants to avoid excessive penalties, but no two clients are in the exact same position.  Some defendants want to minimize their fines and fees, for example.  Others have no concern for expense, as long as they can be free from probation as soon as possible.  In addition to explaining various legal concerns, your lawyer should take the time to listen and to understand your personal situation so that you don't get shoehorned into a deal that doesn't fit.  

In addition to court-ordered penalties (probation, fines, mandatory classes, jail time, etc.), a DUI conviction may have "collateral consequences" -- things that the court has no control over.  Collateral consequences of a DUI may include things like discipline at work, an angry spouse, and an increase in the cost of your insurance.  The court will not warn you about these extrajudicial penalties, but your lawyer should.  Again, your attorney must take some time to understand your personal priorities.  

DUI lawyers will save you a lot of time, money and stress.  They will make your court appearances for you so that you don't have to miss work.  They will work to reduce your penalties (ideally by earning a reduction or a dismissal of the charges entirely, if possible).  They will alleviate your stress by ensuring that you understand the process and your options and they will arm you with good information so that you are empowered to make sound decisions.  

It's also important to remember, though, that DUI lawyers are not wizards.  They cannot change the facts of your case.  Despite what you might have seen on TV (and despite what some dishonest attorneys might promise), they cannot simply go golfing with the judge or take the DA to lunch and "make your case go away".  Most of the time, lawyers cannot bury the DA in paperwork or put a cop on the stand and make him admit that he's lying.  Sometimes we do those things, but those cases are exceptional. 

If you or a loved one has questions about a DUI in Orange County, call our office for a free attorney consultation.  714 449 3335.  Ask for John.

Thanks for reading.  

Fullerton DUI Lawyer

What are the Rules About Marijuana and Driving in California?

Section 23152 of the California Vehicle Code says that driving under the influence of drugs and / or alcohol is a misdemeanor.  Everyone knows that legal limit for alcohol is 0.08% -- if prosecutors can prove that your blood alcohol concentration was greater than 0.08% at the time of driving, you are guilty of DUI.

Marijuana is a lot more complicated than alcohol, though.  Even though adults over 21 may now legally grow, use and possess marijuana in California, it is still illegal to operate any motor vehicle (a car, a boat, a golf cart, a jet ski, a moped...anything with a motor) while you are "impaired" by cannabis.

Unlike alcohol, there is no magic number to objectively determine whether or not someone is too stoned to legally drive.  To convict you of driving under the influence of marijuana, the prosecutor must prove that you operated a vehicle while you were in such a condition that you could not exercise the skill and care of an ordinary, sober driver (whatever that means).

If you are stopped by police and an officer suspects that you've been smoking, he will begin the standard investigative procedures: he will ask you a series of questions about where you're coming from and where you're going.  He'll ask if you're under the care of a doctor of if you've had any recent surgeries.  He'll ask when you slept last and whether or not there is anything mechanically wrong with your car.  The officer also will probably invite you to participate in a series of field sobriety tests (walk a line, touch your nose, stand on one foot, estimate 30 seconds, etc.).  You are not legally required to take these tests.  You'll be arrested either way, so I'd advise that you provide as little evidence as possible to be used against you later in court.  If you are stopped on suspicion of DUI, you should POLITELY decline to play the roadside Olympics.  You should also avoid talking yourself into trouble.  Do not admit that you recently smoked, drank, or consumed any controlled substance. 

After you are arrested, you must provide a blood sample.  If you refuse to submit to a chemical test after you have been lawfully arrested on suspicion of DUI, the DMV will automatically suspend your driver's license for one year. 

To make their case against you in court, the DA will introduce evidence that were driving poorly before you were pulled over.  A police officer will testify that he stopped you because you were driving too slowly, you were drifting within your lane, you made an unsafe lane change, etc.  The officer will testify that you "appeared disoriented" and "had difficulty following instructions".  He will probably also testify about the smell of burnt cannabis emitted from your breath and from the interior of your vehicle.  If you agreed to perform field sobriety tests, the officer will testify that you failed them all miserably, even if you feel like you nailed them.  Based on the totality of his observations, the officer will testify, he formed the opinion that you were dangerously impaired by marijuana and that you could not safely operate a vehicle.

The DA will also use your blood test results to build their case against you.  Your blood test will give two important numbers: your levels THC metabolites (also called "carboxy-THC", or "COOH-THC"), and your levels of active THC (also called "delta-9-THC").  THC metabolites remain in your blood system for weeks after your last usage.  They are not psychoactive and are not indicative of current impairment.  They only prove that you have consumed marijuana some time within the past several weeks.  This number is not relevant to determining whether or not you were dangerously impaired at the time of driving, but it may be relevant to demonstrate that you have a high tolerance for the drug.

Your delta-9-THC numbers are slightly more valuable in determining your current level of impairment.  Delta-9-THC is the chemical that is CURRENTLY active in your bloodstream.  Your delta-9-THC concentration is still not a completely reliable way to determine a driver's degree of impairment, though.  Since cannabis affects users so differently, there is not a strong correlation between a person's delta-9-THC levels and his or her actual impairment.  A relatively inexperienced marijuana user might be very impaired at a low THC level, where a more experienced smoker might barely feel any effect at the high blood-THC concentration.  Consider also that indica-dominant strains might affect a user differently than sativa-dominant strains, and that standard field sobriety tests are designed to detect alcohol impairment, not cannabis impairment.  Most "experts" will testify that a driver is more likely to be involved in a collision when his or her active THC level is greater than 5 ng/ml, and that the risk is multiplied by the presence of alcohol, but this is controversial.

Police and prosecutors are aggressively working to crack down on "drugged driving", including driving under the influence of legal drugs (marijuana, prescription drugs, sleep aids, etc.).  The Orange County District Attorney's Office has several deputy prosecutors who are specially trained and specifically assigned to process DUID cases full-time.  They take these cases seriously, but that doesn't mean that they have the advantage.  In my experience, their aggressive policy often means that they choose to pursue cases even when the evidence is weak. 

If you or a loved one has questions about DUI or driving under the influence of drugs in Southern California, call us for a free attorney consultation. (714) 449-3335. Ask for John.

Thanks for reading.

Fullerton DUI Lawyer

Fullerton Police Step Up DUI / Traffic Enforcement

Fullerton Police recently announced that the department has been awarded a $400,000 grant from the California Office of Traffic Safety.  The funds will be used to conduct DUI checkpoints and to fund additional saturation patrols specifically targeting impaired drivers.

Police also announced that they plan to use grant money to compile "DUI Hotsheets" -- lists of DUI offenders with suspended or revoked licenses -- as part of their "court sting" operations.  I actually witnessed a court sting in practice this morning.  I was walking out of the misdemeanor pre-trial department (N-9) of the Fullerton Courthouse and I recognized a Fullerton Police Officer hanging out in the hallway, dressed in street clothes.  The officer was holding a stack of papers.  The papers contained mugshots and case notes.  This cop was waiting for someone with a suspended license to walk out of court.  If the suspect attempted to drive away from the courthouse, the FPD would immediately stop the driver and impound his car.  This should go without saying, but DO NOT DRIVE TO OR FROM COURT WITH A SUSPENDED LICENSE.

Downtown Fullerton is always a hot spot for DUI enforcement, and holiday weekends are especially busy for local police.  DUI doesn't just mean alcohol, either.  The Fullerton Police Department employs "drug recognition experts" who are specially trained and certified to spot drivers who are impaired by marijuana and other drugs.  Now that the Fullerton PD has a some grant money to burn on traffic enforcement, expect an especially heavy police presence on patrol for impaired drivers.  Don't say I didn't warn you.

If you or a loved one has questions about a DUI case in Fullerton, call us for a free attorney consultation. (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton DUI Lawyer

Drunk in Public on Catalina Island

According to the Los Angeles Sheriff's Department, deputies arrested several individuals on suspicion of being drunk in public this month.  In my experience, this is probably the most commonly charged offense on the island, other than minor fishing violations.

To convict you for being drunk in public under PC 647(f), the prosecutor must prove that you were so drunk that you could not reasonably care for your own safety, or that you posed a danger to people around you.  To determine whether or not you were "dangerously" drunk, the court will consider the totality of the circumstances -- the condition in which you were found, how / why you attracted attention from the police, objective and subjective observations of the arresting officers, your own statements, statements from other witnesses, audio / video recordings of the incident, etc.

There is no magic number that clearly distinguishes "fun drunk" from "criminally drunk".  The decision of whether or not to make an arrest is generally left to the officer's discretion.  You have a right to take a breath test if you are arrested for being drunk in public, but police are not required to administer one unless you demand it.  If you decide to demand a breath test, that number will be used against you in court.

If you are arrested for being drunk in public in Avalon, deputies will take you to the tiny jail on Sumner street, attached to the local courthouse.  You will be held for several hours and released in the morning.  Being polite and cooperative during this process will definitely speed up your release.  Deputies will also make a note of your attitude in the reports that they prepare.  If your arrest report shows that you were cooperative, that fact will go a long way when your attorney attempts to negotiate a reduced charge or a dismissal in court.

When you are released from custody, the deputies will give you a "notice to appear" in court at some future date.  Regardless of what the deputies told you, your case cannot simply be resolved through the mail or at the Long Beach courthouse.  All misdemeanors arising on Catalina Island are heard at the Catalina courthouse.

If you retain a local attorney, you do not need to travel back to the island for your court date -- your attorney can go for you.  Your lawyer will gather copies of the police reports and any other evidence (photos, videos, etc.), enter a "not guilty" plea, and schedule a series of future court dates to come back and discuss the case with prosecutors.

If the prosecutor recognizes that the evidence in your case is weak, you have a clean criminal record and you were cooperative during your arrest, they might make an offer that's too good to refuse.  A "good offer" might include a reduced charge or a complete dismissal.  If the evidence is strong, or if you have a history of alcohol-related offenses, or if your police report indicates that you were uncooperative, the DA's offers get less generous.  "Drunk in Public" is a misdemeanor, so penalties may include probation, fines, community service, CalTrans labor, mandatory AA meetings, or even jail time.  

Unfortunately, the Los Angeles District Attorney's Office has decided to take an aggressive stand in prosecuting "drunk in public" cases on Catalina.  Lawyers who visit Avalon from out of the area are often shocked by the harsh offers they receive on the island.  In other courthouses, 647(f) cases are routinely reduced to infractions or settled for minimal penalties.  In Avalon, though, standard offers from the DA often include dozens of AA meetings, high fines, 1-3 years of probation, 10-30 days of CalTrans service, or worse.

Our office has extensive experience defending against all types of cases that arise on Catalina Island, including drunk in public.  We offer competitive rates and affordable payments, and we never charge clients for our travel expenses.

If you or a loved one has been cited or arrested while visiting Catalina, call us for a free attorney consultation. (714) 449-3335. Ask for John.

Thanks for reading.

Catalina Island Lawyer

How to Recall an Arrest Warrant in Catalina Court

Catalina Island is a tourist destination located about 20 miles off the coast of Southern California. The town of Avalon and its surrounding waters are home to world class diving, fishing, hiking, boating, drinking and getting arrested.

If you've been cited or arrested for a misdemeanor while visiting Catalina Island, you're in for a treat. The local sheriffs will arbitrarily assign a future court date for you to return and appear before a judge. More often than not, that date will be rescheduled. The DA may or may not notify you of the change. If you fail to appear on the proper date, a warrant will be issued for your arrest.

Local police also like to falsely advise people that their criminal cases can be addressed in Long Beach. Most of the time, they cannot. Felony cases are heard on the mainland, but misdemeanors and infractions from Catalina must be heard at the courthouse on the island.

The Catalina court is only open on alternating Fridays. The rest of the time, the building is dark and vacant. You cannot simply appear on an unscheduled date and ask to be heard by the judge.

If you appear at the Catalina courthouse on a date when the court is open but your case is not scheduled to be heard, you will be told to come back another time. The tiny courthouse in Avalon does not store its own files. All records are maintained back in Long Beach. Case files are flown out to Catalina by helicopter on their appointed hearing dates. If you appear on a date when DA left your paperwork back on the mainland, prepare to make another trip.

If you have an outstanding warrant from Catalina, your case must be added onto the court's calendar to be heard at a later date. To be added to the calendar in Catalina, you must speak to the court clerk in Long Beach (because that's where the case files are stored). Once the Long Beach clerk adds your case to the Catalina court's calendar, then you may plan to appear on the appointed date back in Catalina.

Or, you can have an experienced, local attorney handle the entire process for you. Our firm regularly appears in the Catalina court. We defend more cases in Avalon than any other private law firm in the state. Since we appear in Catalina so frequently, we do not charge our clients for travel time or expenses. In most misdemeanor cases, we can appear without you being personally present. We can save you the time, hassle and expense of returning to the island for multiple court appearances. Our office has extensive experience defending against all types of criminal offenses that are commonly filed on the island, including fishing violations, drunk in public, domestic violence, fighting and drug possession.

If you or a loved one has questions about appearing in court on Catalina Island, call us for a free attorney consultation. (714) 449-3335. Ask for John.

Thanks for reading.

Catalina Lawyer

Can You Be Arrested for DUI if Your Blood Alcohol Level is Below 0.08%?

Many drivers are surprised to learn that they can be arrested for DUI in California even if their blood alcohol concentration (BAC) is below the legal limit of 0.08%.

In California, "DUI" is actually several distinct crimes: 1) driving while unsafely impaired by alcohol, 2) driving with a blood alcohol concentration of 0.08% or greater, 3) driving under the influence of drugs, and 4) driving under the combined influence of alcohol and some drug(s).  A driver might be charged with a single count or with multiple counts, depending on the circumstances.  

Police often encounter drivers who appear to be impaired by some substance, even when their blood alcohol level is low.  The driver might be a "lightweight" who is especially sensitive to alcohol, or he might be intoxicated by some drug(s), or by some combination of alcohol and drugs.  If police have probable cause to believe that the driver is impaired by any substance or combination of substances to such a degree that he cannot operate a vehicle safely, he will be arrested on suspicion of DUI and taken to the police station for a blood test.  

Depending on the results of that blood test and the totality of the circumstances, the DA will decide whether or not to file criminal charges against the driver.  If prosecutors believe they can prove that the driver was dangerously impaired by alcohol, they will charge the driver with violating VC 23152(a), regardless of his BAC.  If his BAC is above 0.08%, they may additionally charge the driver with violating VC 23152(b).  

If a blood test shows that a driver is impaired by drugs, he may be charged with violating VC 23152(f).  This includes legally prescribed drugs, illegal drugs, sleep aids and marijuana -- any substance(s) that may impair a driver's ability to operate a vehicle with the skill and care of a normal, sober person.  These cases are complicated because it's often hard to prove a driver's precise degree of "impairment", especially when the driver has extensive experience and a very high tolerance for some prescription medication that he has taken for years.  Our firm has even represented individuals who were accused of driving under the influence of chemotherapy drugs.

To further complicate matters, the DA can charge a driver with violating VC 23152(g) if they believe that he is impaired by the combined influence of alcohol AND drugs.  

There are many possible defenses to DUI charges, but only a qualified professional can fairly evaluate your case.  If you or a loved one has questions about DUI in California, call us for a free attorney consultation. (714) 449-3335. Ask for John.  

Thanks for reading.  

Fullerton DUI Lawyer

What if I Get Pulled Over and My Car Smells Like Weed?

There's a lot of misinformation on this topic.  Unfortunately for a lot of my clients, that often means that they call me after they've been arrested for DUI.  Don't make that mistake.

Driving under the influence of marijuana is a DUI in California, just like driving under the influence of alcohol.  It doesn't matter if you're over 21 or if you have a doctor's recommendation to use medical marijuana.  Think of weed like alcohol -- just because you're allowed to possess it doesn't mean that you're allowed to operate a vehicle while you're under the influence.

The big difference between marijuana and alcohol is that there's no legal limit for THC and no reliable way to determine a driver's degree of impairment with weed.  Blood, urine and saliva tests cannot accurately tell us whether or not a subject is dangerously intoxicated by marijuana.  This means that marijuana DUIs are pretty arbitrary.  They often turn on the police officer's opinion based on his observations before and after the traffic stop.  The factors that I usually see listed in police reports include:

• Bad driving
• Smell of marijuana coming from the interior of the vehicle
• Driver observed smoking in a moving vehicle
• Red, glassy eyes
• Any signs that the driver is disoriented or has difficulty following instructions, etc.

The strongest evidence that the police usually gather in these cases, though, is the driver's own statements.  Way too many of my clients talk themselves into trouble after a traffic stop.  If you admit to consuming marijuana before (or while) driving, you will be arrested on suspicion of DUI. 

Without your admission of recent marijuana use, the police might not have enough evidence to arrest you.  If you keep your mouth shut and the police arrest you anyway, we'll have a much stronger defense when we appear in court.  

If you or a loved one has questions about driving under the influence of marijuana in California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading. 

Fullerton Marijuana Lawyer

How to Prepare for an Appearance in Criminal Court

If you have a court date approaching, I know that the anxiety can be overwhelming.  Hiring a qualified, local attorney can help reduce the stress associated with appearing in court.  Your lawyer can explain the process so that you know what to expect.  He or she can stand by your side so that you understand your options and to ensure that you're not railroaded into any bad deals.

Your first court appearance is call the "arraignment".  No evidence or argument is presented at the arraignment.  This is not the day for your trial.  The arraignment is a formality, where your attorney will receive copies of the complaint (the document that explains the charges), and the initial discovery (police reports).  In most cases, you are not entitled to receive copies of the police report until the arraignment.  This is your attorney's first opportunity to read the details of the accusations against you.

At the arraignment, you may either plead "guilty" and resolve your case on the spot, or you may plead "not guilty".  If you plead "not guilty", then further court appearances will be scheduled.  These subsequent appearances are called "pretrial hearings".  At pretrial hearings, your attorney will meet with the DA to discuss the evidence and will attempt to negotiate a fair deal to dispose of your case (after your attorney has had a chance to thoroughly read the police reports).

You should make damn sure that you show up on time when you appear for the arraignment.  Every courtroom has its own specific procedures for conducting arraignments.  Most courtrooms start the morning with an "advisement of rights".  This is what it sounds like.  They will explain the various legal and constitutional rights that apply during the criminal process.  Some courtrooms lock the doors during the presentation to ensure that everyone hears this important information.  If you show up one minute late, you will be locked out, a warrant will be issued for your arrest, and you'll have to come back another day.  Give yourself plenty of time to park and to go through the security screening.

Dress appropriately when you appear in court.  This should go without saying, but I'm amazed at the clothing I see in court every day.  Your arraignment is the most important thing you'll do today -- dress accordingly.  Wear long pants (not shredded jeans or yoga pants) and closed-toe shoes.  Put on a collared shirt.  There is no such thing as overdressing for court.  Act like you're taking your case seriously.  Courts have dress codes.  If your attire is not appropriate, you may be kicked out and told to come back another day.  Simply dressing appropriately is the easiest part of "preparing" for your arraignment.

To recap, here's how you can prepare for your first appearance in criminal court:

• Retain a qualified, local attorney
• Show up on time
• Dress appropriately

If you or a loved one has a court date approaching in Orange County, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John. 

Thanks for reading.

Fullerton Criminal Attorney 

Can I Get a DUI in California if the Police Didn't See Me Driving?

Depending on the circumstances, you may be arrested and convicted for DUI in California even if you were not personally observed driving.

In most cases, police can only arrest someone for a suspected misdemeanor under 3 circumstances: 1) the offense is committed in the officer's presence (the cops see you do it), 2) the police have a warrant for your arrest, or 3) a private person who witnessed the crime signs a declaration under penalty of perjury, swearing that they saw you do it (a citizen's arrest).  

DUIs are treated differently, though.  There's a special provision in the California Vehicle Code (section 40300.5) that specifically allows police to arrest suspected drunk drivers, even when they aren't caught in the act of "driving under the influence".  

To make sense of VC 40300.5, you have to understand that the crime of DUI involves driving a car while impaired.  Contrary to popular belief, it is not illegal to sit behind the wheel of a parked car while you're drunk, regardless of whether or not the keys are in the ignition.  It's not even illegal to sit in the driver's seat of a running car while you're impaired.  To be guilty of DUI, the DA must prove that you drove the car while you were under the influence of alcohol.  "Driving" a car involves intentionally exercising some control over the vehicle (e.g. moving the car even one inch). 

Police often encounter suspected drunk drivers who aren't actually observed in the act of driving, though.  Take the example of someone who is found passed out at a green light.  Police didn't actually see him commit the offense because they never observed the suspect "exercise control" over his vehicle -- he was asleep when police arrived and the car hasn't moved.  Or consider a situation where police find a car wrapped around a tree with the driver trapped inside.  Or a car stopped on the shoulder of the road while the driver "sleeps if off" or pees in the bushes.  In each of these cases, the suspect was never personally observed committing the offense (driving the car), but the police will arrest him anyway.  

VC 40300.5 permits police to make DUI arrests in situations that strongly suggest a driver must have been impaired at the time of driving, even if they didn't actually see him doing so.  This doesn't necessarily mean that the DA has a strong case in court -- and you may have a good defense at trial -- but it definitely means that you're spending the night in jail if you're caught.  

Some of these situations where police are permitted to make arrests under VC 40300.5 include:

• When a driver is found in or near a car that is blocking traffic (asleep at a green light or in the drive-thru line at a fast food restaurant)
• When the vehicle has been involved in a collision
• When a subject is so impaired that he poses a danger to himself or others
• When the person will not be apprehended unless he is immediately arrested, or
• When the person is likely to destroy evidence of the crime unless he is immediately arrested.

This last one is the "catch-all".  Since alcohol naturally dissipates in the human body over time, police can always claim that they're afraid evidence will be metabolized unless the suspect is immediately arrested and taken to the station for testing.  

If you're ever questioned by the police about a suspected DUI, you should avoid talking yourself into trouble by politely refusing to answer any questions.  Too many of my clients dig themselves into a hole by explaining to the officer, "Yes, I was wasted, so I pulled over to sleep it off".  That's not a defense, it's a confession.  These types of cases may be very defensible, as long as you don't help the police build their case against you.  We've achieved some great results in cases where our clients were not observed driving.  

If you or a loved one has been arrested for DUI in California, call us for a free attorney consultation. (714) 449-3335. Ask for John.  

Thanks for reading. 

Fullerton DUI Lawyer

We're Moving!

After 7 years at our Santa Ana location, we're moving to Fullerton at the end of this week.  The new office will be located on the 9th floor of the Fullerton Towers, at 1440 N. Harbor Blvd. (Harbor & Brea Blvd., a block from the Fullerton courthouse).

We previously had a space in the Fullerton Towers that we used on an hourly basis to meet with clients. Now, it will be our full-time home. As a local Fullerton boy, I'm excited about this new opportunity to better serve clients in my home town.  I love appearing at the North Orange County Justice Center, and this new location will make my Fullerton appearances even more convenient.

I'll still be mobile and I'm always happy to meet my clients wherever they're comfortable. If transportation is a problem, I'll come to your house or I'll meet you at a Starbucks near your workplace if downtown Fullerton is inconvenient for you.

The location of our office is changing, but our practice is not. We will continue to deliver outstanding legal representation for our clients in criminal matters, DUI, restraining order cases and supporting the medical marijuana industry.

If you or a loved one has questions regarding a criminal case, a restraining order, or medical marijuana, call us at our new number for a free attorney consultation.  (714) 449-3335.

Thanks for reading.

Fullerton Attorney

Buccaneer Days Returns to Catalina. Save My Number!

It's that time again!  Buccaneer Days, an alcohol-fueled weekend of "grub & grog" returns to Catalina Island September 29 - October 2.

This year's lineup includes 4 days of live bands, DJs, costume contests, food, booze and general good times. The fish are still biting in the waters around Catalina and spiny lobster season officially begins October 3.

There should be plenty of great opportunities to get yourself into trouble.  If you're planning to attend Buccaneer Days in Catalina this year, please be safe, be smart, and save my number now. (714) 449-3335.

Our firm handles more criminal defense cases on Catalina than any other private attorneys in California. We have experience defending against all the most commonly-charged crimes that arise in and around Catalina, including fishing violations, drunk in public, DUI (even in a golf cart) and assault / battery. If you're arrested or cited on the island, call us for a free attorney consultation. Ask for John.

Thanks for reading and have fun this weekend.

Catalina Lawyer