Wednesday, November 5, 2008

Partial List of Successful Cases in Southern California

Please call us at 866-722-8400. Our Southern California Office is located at 1920 Main Street, Suite 1000, Irvine, CA 92614. Our consultations are free. In Irvine, we have teamed up with renowned Criminal Defense Lawyer Todd Landgren to provide our client's with the best possible service and representation. You will not get better more experienced representation anywhere in Southern California.

K.S. – Orange County Superior Court – Westminster – 02/05 DUI .10 – The case was reduced to a dry reckless.


S.M – Orange County Superior Court – Newport Beach – 04/05 DUI Refused – Dismissed after a successful motion to suppress.


K.S. – Orange County Superior Court –Westminster - 06/05 - DUI (drugs), and H&S 11550 Under the influence of drugs. Both charges dismissed.


S.M. – Orange County Superior Court – Newport Beach – 07/05 - DUI Refused – Case reduced to a dry reckless just before closing.


C.L – Orange County Superior Court – Fullerton – 08/05 - DUI (2nd) .09. Argued rising BAC. – Client was found not guilty on both counts but violated for his probation.


K.D. – Orange County Superior Court – Westminster – 09/05 DUI .20 – Case reduced to a drunk in public. Record later expunged.


People v. Stiefel- Orange County Superior Court – Santa Ana – 09/05 DUI .12. Argued rising BAC. Case dismissed on the day of trial.


K.S.
– Orange County Superior Court – Newport Beach – 10/05 - DUI (2nd) Refusal – Case dismissed

M.V – Orange County Superior Court – Newport Beach 10/05 - DUI .15 – Case reduced to a wet reckless.


T.K. – Orange County Superior Court – Santa Ana – 10/05 -DUI (drugs) (accident) – After extensive talks with Orange County Deputy District Attorney A.H.
the case was Not Filed

C.U. - DUI .- Orange County Superior Court – Newport Beach – 10/05 DUI .08 – Case reduced to a wet reckless.


People v. Ayala – Orange County Superior Court – Fullerton – 12/05 - DUI .07. Client admitted to finishing last drink 10 minutes before driving. Case was a perfect riser. In addition, officer wrote that client had all 6 clues in HGN test. Client had a glass eye. Only one of his eyes worked so at most the officer could have observed 3 clues. – Case Dismissed.


People v. Spieckerman – Orange County Superior Court Newport Beach -12/05 DUI .10 – Case reduced to a wet reckless.


R.A. – Orange County Superior Court – 01/06 DUI (drugs cocaine and alcohol) .05 - Not Filed. Client later died of a suspected overdose. It was well after his case was won but made the victory quite hollow.


People v. Mahoney – Los Angeles Superior Court – Long Beach – 02/06 - DUI and Hit and Run. Client was a .20 and there were several witnesses to driving.- The cased was reduced to a hit and run.



M.Z. – San Bernardino Superior Court – 06/06 DUI .10 – The case was reduced to a wet reckless. Client was a commercial driver so the plea to a wet was imperative.


C.H. – Orange County Superior Court – 06/06 Westminster - DUI .10 – Case reduced to a wet reckless.


W.H.- Riverside County Superior Court – 06/06 DUI (2nd) .09. Argued rising BAC. Not Guilty on both counts.


A.H. – San Bernardino Superior Court – Rancho Cucamonga – 06/06 – DUI 0.07 – Case reduced to non-alcohol related reckless.


M.W.. Orange County Superior Court - Newport Beach - H-2 -09/06 - Client was charged with Felony Driving under influence alcohol/drug with injury and Felony Vehicular manslaughter without gross negligence for an accident that resulted in the death of her passenger. Client had a 0.05 BAC and methamphetamine in her system. - Client plead guilty and was sentenced to 3 years probation and 180 days in jail.


Marlene O. - Ventura County Superior - 10/06 - Client went to trial on violations of California VC 23152(a) and (b). Client was parked on side of 101 freeway and passed out behind the wheel of a car registered to her. The keys were in the ignition and the hood was warm. Client's friend testified that she drove car to location. Client had a 0.16 blood alcohol level at the time of the test. - After 4 day jury trial client was found Not Guilty on both counts.


Tim T. -Orange County Superior - West Justice - 12/06 - Client was charged with violations of California VC 23152(a) and (b). Client pulled over for exhibition of speed and stopping at a green light. Client stopped in driveway. Client performed poorly on FSTs. 0.09/0.10 PAS test and 0.09/0.08 Breath Test. Filed numerous motions to suppress related to violations of client's Constitutional rights. - Orange County District Attorney's Office dismissed both counts on the day of trial.


J.C. - Los Angeles County Superior Court - Metro Division - 5/07 - Client went to trial on violations of California VC 23152(a) and (b). Client was a firefighter that was involved in single car accident. Client had one prior DUI within 10 year statute. Client had a 0.14 breath result. Argued the DA did not prove Corpus. - After 4 day jury trial the jury found the client not guilty on both counts that went to trial. After trial court found client in violation of his probation. Client also plead guilty to 14601.2 (Driving on a Suspended License) after trial.


J.C. - Orange County Superior Court - Newport Beach - 5/07 - Client went to trial on California Vehicle Code (VC) Violations 23152(a) (Driving Under the Influence) and 23152(b) Driving with a BAC greater than 0.08%. Client pulled over at checkpoint. Client performed poorly on field sobriety tests (FSTs). 0.08/0.09 preliminary alcohol screening (PAS) test result. 0.09 Blood test result. Argued rising BAC and that officers were inaccurate in testimony. After 4 day jury trial, the jury was hung 9-3 in favor of Not Guilty on 23152(a) and 9-3 in favor of Guilty on 23152(b). - Client ultimately pleaded guilty to non-alcohol related reckless.


D.B. - Orange County Superior Court - Newport Beach - 02/08 - The client was charged with DUI. Client had a breath alcohol concentration of 0.22. Costa Mesa Police witnessed driving and arrested client in her garage. Client performed poorly on her field sobriety tests. Motion to suppress filed regarding officers entering client's garage without permission. - Motion granted. Case dismissed.


W.R. - Riverside County Superior Court - Indio -02/08 -Client charged with two felonies for commercial burglary and identity theft. Client stole credit cards from an elderly Indio woman with her boyfriend. Credit cards were left in a purse near the victim at a hotel. Client and boyfriend ran up the victim's credit cards. - Client plead guilty to one count of Misdemeanor Commercial Burglary.




Wednesday, July 2, 2008

Austin DWI Infomation

With the 4th of July Weekend upon us, I wanted to remind everyone that drinking and driving is never a good idea. However, if you make the decision to drink and drive, I wanted to give everyone some general tips for dealing with getting pulled over for DWI in Texas. I will post a separate post for dealing with a DUI detention in California. As always we will have lawyers on call 24 hours a day to assist you with a jail release. Save this number into your cell 512-457-5200. I have very detailed information on dealing with DWI in Texas on my DWI specific web site www.austindwiweb.com.


General Tips for Dealing with a DWI Arrest

The following are some general guidelines to assist you if you are ever pulled over in Texas after drinking before driving. This being said, the easiest way to avoid having problems in the first place is to be responsible. If you drink, do not drink to excess. If you drink, DO NOT DRIVE.

In my experience, the vast majority of police reports, whether DWI related or something else, generally start out with someone who has consumed too much alcohol or some other illicit substance. (It goes without saying that you should avoid all activities and substances that are illegal by their very nature.)

I know cabs can be difficult to find and expensive on busy nights. That being said, the price you pay in both time and money for a cab is far better than the attorney's fees, court fines and fees, and a potential jail sentence. You are better off renting a limo. If you do make the decision to drive after consuming alcohol, you can use the following 8 tips to reduce your chances of being convicted of DUI/DWI in Texas.

1. When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the police officer's questions concerning the DWI investigation, either before or after arrest, then there will not be any statements that can be used against you in court. Even seemingly innocuous questions can be used by the prosecution to assist them in convicting you of DWI.

2. Field Sobriety Tests (FSTs) are completely voluntary. If you have been drinking, whether you perform the FSTs or not you will probably be arrested. It is probably better not to give the police evidence that will be used against you in court. You can politely refuse to do FSTs.

3. In Texas, if you refuse a chemical test on a first offense, you will lose your license for 180 days (rather than 90 days on a non-refusal). Plus, you are still eligible for an occupational license. As such, if you are in Texas, I would advise you not to complete a post arrest chemical test. While search warrants to force blood are becoming more common, they are still not the norm.

4. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.

5. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.

6. Most jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

7. Make a detailed list of all the events before being stopped up to and including being released from custody.

8. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI/DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.
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Remember, the best way to avoid a DUI or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for DWI does not automatically result in a conviction or loss of
your driver's license. The above tips are designed to provide accurate and authoritative information. They are not designed to render legal opinions. The Law Offices of Jason Trumpler, P.C. does not seek to represent you based upon your visit or review of this blog, which may be considered advertising under the rules of the State Bar of California or State Bar of Texas. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials without first consulting with a competent attorney. Any information contained in this bulletin is not intended to indicate what the results will be in your case.