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Welcome to The California Legal Team DUI Specialist Website for, Los Angeles, Santa Barbara, San Diego and Orange Counties.
Toll Free Phone: (800) 285-1763
Toll Free Fax: (888) 286-1840
Email: Okorie@187Law.com
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Okorie "Dr. DUI" Okorocha was named TOP DUI Attorney for 2009 and is Nationally Board Certified in Criminal Trial Law.
Selected to Superlawyers in 2010
Okorie "Dr. DUI" Okorocha is chosen by Judges/Commissioners to represent them personally, as well as their family members and friends.
December 1, 2009 Results update:
Mr. Okorocha goes to trial on numerous DUI cases. In his last Six DUI trials in Los Angeles County, the clients had blood alcohol levels at least 50% over the legal limit. Of all Six, only one was convicted.
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"Mr. Okorocha is not only a competent attorney but quite an excellent one. He got rid of count one... not exposing [Defendant] on the life charge in this case."
-- Judge of the Los Angeles Superior Court at the Conclusion of a Homicide Trial.--
Prosecutors in Newport Beach, Newport Beach, Santa Barbara and Santa Ana have the resources no individual can match. Newport Beach prosecutors have their own investigators, Newport Beach expert witnesses on staff, the California Highway Patrol, various inter-county Newport Beach Police Departments, the Newport Beach Sheriffs' Departments, the Department of Motor Vehicles Driver Safety Offices which both have offices throughout Newport Beach and Orange County, the Attorney General's Office, and many other public agencies throughout Newport Beach. Newport Beach prosecutors can access virtually any resource they require to fight a any DUI or Criminal Case.
As a private party, if you stand accused, you have nothing but your own hard-earned savings to use to mount your Newport Beach Criminal or DUI defense. From the moment an individual falls under the government's suspicion, this difference in resources places the accused person at a significant disadvantage against the Newport Beach and County prosecutors.
Only the wisest use of your resources has the potential to level the field with the Newport Beach Prosecutors. Experience has shown that hiring counsel as early as possible in the legal process is the wisest choice an accused person can make whether in Los Angeles or Newport Beach.
California Legal Team lawyers aim to narrow the gap by fellow members of The Private Defenders of California, with a supportive network of Criminal Defense attorneys with varied experiences, areas of expertise, perspectives, experience and resources that can be collectively used to greatly increase the quality of services our Orange County, Santa Ana and Newport Beach DUI Specialists provide.
Some of our services include:
Aggressive defense of DMV hearings by a DUI Specialist, DUI's or Drunk Driving Cases (read the McNeal Case), whether based on breath tests or blood tests and all Criminal Cases including Murder and Watson Murder Cases defended by a DUI Specialist, and related crimes in Newport Beach, Fullerton, Los Angeles, Pasadena, & Santa Ana as well as Orange County Sex Crimes based on false allegations and White Collar crimes including Embezzlement.
When you retain California Legal Team, you know you are receiving the resources of a network of attorneys committed to the Defense of the accused. Many times, the evidence is actually circumstantial evidence which must be proven beyond a reasonable doubt, a common loophole that prosecutors use.
Know Your Rights
Can you be pulled over for DUI based on an anonymous tip? Yes
People v. Wells (2009) 36 Cal.4th 1078 1. Key Facts/Procedural Posture The California Highway Patrol in Kern County responded to anonymous tip reports of a driver “weaving all over the road.” Officer Irogoyan heard the dispatch reports and pulled over to the side of the road waiting for the described driver to appear. After personally observing the defendant Susan Wells (“Defendant”), Officer Irogoyan pulled over the Defendant and immediately observed the Defendant’s constricted pupils as part of a Horizontal Gaze Nystagmus or HGN test, dry mouth and nervous demeanor. Officer Irogoyan arrested the Defendant for driving under the influence. Later, the Defendant's urine tested positive for THC, cocaine, and opiates, and was arrested for driving under the influence of a controlled substances and possession of heroin. People v. Wells (2009) 36 Cal.4th at 1081-1082 and other Los Angeles & Newport Beach case law updates. The Defendant filed a motion to suppress pursuant to Pen.Code § 1538.5 advocating that she was detained without reasonable suspicion in violation of the 4th Amendment, but was denied. After the suppression motion was denied, the Defendant pleaded guilty to driving under the influence and possession of heroin. She appealed the denial of the suppression motion on the grounds that the anonymous tip did not established probable cause to make a traffic stop and detain her. Id. at 1082. For more information about Field Sobriety Tests and National Standards, visit our National Highway Transportation Safety Administration ("NHTSA") Manual Page.
The Defense of a Driving Under the Influence Charge in Newport Beach, Los Angeles, Pasadena and Orange County, California
The following is a synopsis of the history, facts, legal issues and processes of defending one who has been charged with Driving Under the Influence (“DUI”) in California pursuant to Vehicle Code sections 23152 and 23153. It is intended to provide answers to what would be “frequently asked questions” regarding a DUI charge.
1) The Drug Alcohol
Alcoholic beverages are those produced from the fermentation of a carbohydrate, most frequently from farmed grains, potatoes, fruit juices, and sugars. The process of fermentation has been around for over 10,000 years, dating from the use of grapes for wine around 2500 B.C. The general categories of alcoholic beverages are three: beers, ales, and malt liquors; b) wince: and x) distilled products There are also alternative sources of alcohol, including medicine and as propellants for aerosols. The proofing system of grading alcohol content involves simple math. A 100 proof beverage is 50% alcohol, and using the same percentage ratios, pure alcohol is 200 proof. Beers, ales and malt liquors range in percentage from a low of 3% for beer lagers to malt liquors with up to 8% alcohol. Wines range from 13-20%; and distilled liquor can be from 20-80% alcohol.
2) Measuring Blood Alcohol Content
The percentage of alcohol in the blood that gives rise to a level of intoxication justifying a DUI charge is defined with the term “Blood Alcohol Content (“BAC”). It can be measured in several ways.
Additional Law related Services
Car Insurance after a DUI.
John MacDonald Insurance Service Toll Free: (800) 346-7370
Anyone convicted or even charged with a DUI will face unconscionable insurance rates increases and are required to obtain an SR-22. The good news is, that this all can be avoided. Dr. DUI, Okorie Okorocha has referred his clients to John MacDonald Insurance services, Inc. and actually seen people get lower insurance rates after a DUI. Seems impossible, but we see it happen and continue to happen. The most important thing to to contact John MacDonald Insurance services, Inc. immediately after arrest for an SR-22 when you get arrested for a DUI.
Mention Okorie Okorocha of California Legal Team and get preferential service and all available discounts when signing up with John MacDonald Insurance Service, Inc
Breath Alcohol Tests: More government lies based on Junk Science
Alcohol Breath
Tests (“ABT’s”) have been in use for over 50 years without a clear
understanding by the general public of the physiological devices in use. There is a large variability in the
measurement of the Blood Alcohol Concentration (“BAC”) through the use of
Breath Alcohol Concentration (“BrAC”) that a particular suspect of Driving
Under the Influence (“DUI”) has. This
has been advanced by research related to soluble-gas exchange in the lungs;
factors that have help increase the accuracy of the BAC determination through
the BrAC.
The first use of
figuring BAC from breath was in 1927 by Emil Bogen in 1924, which was then
followed by G. Liljestrand and P. Linde. However, a BrAC measuring device that
was practical to use was not viable until the 1950’s with the assistance of
Harger, R. N., R. B. Forney, H. B. Barnes and Borkenstein, R., and H. Smith.
The concepts that were learned at this early stage it was that it was generally
understood that the initial volume of air that was exhaled from the lungs hid
little of what is known as alveolar air, and that further exhaling would result
in alveolar air containing gas in a concentration equal with pulmonary
capillary blood. A second concept was
that anatomic dead space was the first part of exhaled air, and the following
air exhaled was alveolar air with the latter exhaled air being the alveolar
plateau that This resulted in four
presumptions: that the latter exhaled alcohol concentration would be independent
of the anatomic dead space volume; that alveolar alcohol concentration was in
thermodynamic equilibrium with the arterial BAC; that a resulting
physicochemical relationship could be precisely described by what is now known
as the “partition coefficient”; and that breath-phase alcohol concentration
remained unchanged as alveolar air passed through the airways.
The partition ratio is the distribution of
equal amounts of alcohol between blood and air, and is dependent upon
temperature, and is ‘known as the BAC divided by the “blood-breath” ratio
between BAC and BrAC. This ratio has
been standardized with an average of 2,100. However, a variability of up to 20%
demonstrated valid concern where those ABT readings where they are close to the
legal limit and can determine whether an arrest and conviction may be valid or
not. Partition ration becomes inapplicable where the alcohol concentration has
changed in either the air or blood. One
additional complication is that the BrAC changes upon exhaling air and an
equilibrium cannot be accomplished once the air leaves the lungs alveolar
spaces. BrAC increases at a gradual and constant flow rate upon the exhalation
of air from the lungs, and levels off as the airflow decreases.
A traditional
gas exchange theory holds that alveolar partial pressure of gas normalized to
the mixed venous partial pressure is related to the blood-gas partition
coefficient and the ventilation-perfusion ratios of the region analyzed.
Gas-phase diffusion limitation has little effect on respiratory gas exchange,
particularly for ethyl alcohol that has a low-molecular-weight. Other
variations in BrAC can result from changes in the pattern of breathing
immediately before delivering the sample breath. These changes are caused by the
hyperventilation or hypoventilation passing over the airway mucosa. This data
supports the theory of airway surface interaction of alcohol as the device
causing BrAC to change during exhalation. Re-breathing has been used to achieve
equilibrated alveolar gas samples because it overcomes problems associated with
heterogeneity of exhaled gas concentration from regions with differing
ventilation-perfusion ratios. With alcohol air passes back and forth over the
airways, warming the airways to body temperature and equilibrating the airways
with the alveoli, Complete equilibrium may not be attained because re-breathing
must be of limited duration. Re-breathing
has also been used to measure cardiac output because it allows monitoring of
alveolar gas concentrations at the mouth.
Re-breathing produces a breath sample that is closer to the
true mixed alveolar air, and end-exhalation BrAC should be lower than alveolar
BrAC. These conclusions about re-breathing
tend to contradict the idea that the BBR in the lungs is 2100 because it would
be impossible to get an experimental BBR, even with re-breathing that is lower
than 2,100. BBR would be expected to be theoretically in the 1750 range.
The explanations
for any variances between theoretical numbers can be explained with several
theories. First, variances could be due to differences in the calibration of
the breath-testing instruments used. Second, variances may be due to
microvasculature in the alveolar region where the in vivo equilibration
partition coefficient for alcohol in blood may not be identical to the in vitro
whole blood value. It is known that the hematocrit of blood in the
microcirculation has been lower than that in the central circulation because of
the Fahraeus effect. With the solubility of alcohol greater in plasma than in erythrocytes,
any decrease in hematocrit in the pulmonary capillaries would cause an increase
in blood-gas partition. Co-efficient of ethyl alcohol. Thus, a reduction in pulmonary capillary
hematocrit could increase the measured re-breathing BBR to a value greater than
the theoretical re-breathing BBR.
Newer data over
the past 30 years indicates that the previously accepted model for alcohol
exchange has inconsistencies with the idea that
that BrAC is equivalent to alveolar concentration; This includes BrAC
increases with increasing exhaled lung volume; that a flat slope at the end of
exhalation does not indicate gas at alveolar concentration; that isothermal re-breathing
yields a BrAC higher than a maximum exhalation; that BrAC; 4) BrAC depends on
pretest breathing pattern; and that some measurements show a BBR other than 2,100.
The device of
alcohol exchange performed by the lungs indicates that the lungs play
imperative function in the processing of inspired air. This is because during inspiration, air is
heated and humidified as it passes through the upper airways; some water within
the mucous layer or watery sub-mucosal layer will vaporize and heat stored in
the airways will be absorbed by the inspired gas. However, during exhalation, this procedure is
reversed and completely humidified air at core body temperature is cooled by
the airway mucosa, and water vapor condenses on the mucosa. Normally exhaled
gas has less heat and water than doe’s alveolar air. Soluble-gas exchange dynamics
are similar to those of heat and water exchange. The high solubility of alcohol
in water implies a strong interaction with airway tissue, and the temperature
and airflow characteristics, and variations in tidal volume and frequency can
have an extensive effect on the BrAC sample, which is affected by the
difference in temperature between the outside air and the alveolar air.
From these
accepted conclusions from physiological information a working hypothesis can be
developed for alcohol exchange by the lungs.
One is that as the breath is exhaled it cools down slightly, and alcohol
desorbs from the airstream to the airway surface, and during the initial phase
of exhalation, the airway concentration of alcohol in the mucosa is low,
alcohol is desorbed from the airstream, and the amount of alcohol in the breath
as it leaves the mouth is lower than it was in the alveolar, with the measured
BBR should be equal to the in vivo PR for alcohol in pulmonary capillary blood
at 37°C. However, when the later part of the exhaled volume passes through the
airways, less alcohol is desorbed to the airways and the breath alcohol will be
lower than average. These resulting factors are due to some alcohol having
already been desorbed from the earlier part of the breath; the temperature of
the mucosa near the mouth increases during exhalation as it is warmed by the
warmer exhaled air, whereas the later part of the breath coming from the mouth
has a higher alcohol concentration, while not being the same as the alveolar
air. A sample from the earlier breath would yield a BBR higher than 2,100, and
a breath sample taken from the latter sample with be lower than 2,100.
When heat and
gas are exchanged in the airways, it is an interactive process that is complex
and depends upon the effective solubility of that gas in the mucosa. While
respiratory gases such as oxygen and carbon dioxide the airway tissue
solubility is small, while liquids such as alcohol and water are very
large. While inspiration takes place,
heat, water, and alcohol are transported from the mucosa to the air exchange of
heat cools the mucosa; this causes an increase in the solubility of the alcohol
and thus a decrease in the partial pressure of alcohol in the mucosa and a
reduction in alcohol flux into the airway lumen. When the airway gas exchange is evaluated for
gases of varying blood solubility, there is a significant limitation of
perfusion (bronchial blood flow) and diffusion, and ventilation limitation
becomes more important in the process.
It is impossible
to directly measure the alcohol flux at each airway generation. However, it is well documented that during
inspiration, the alcohol absorption from the mucosa is greatest for the mouth,
trachea, and airway, and on exhalation, alcohol is desorbed to the airway
mucosa/ It is also known that pulmonary alcohol exchange takes place entirely
within the oropharynx and conducting airways.
The conclusions made from these known facts are that: alcohol excretion
by the lungs is via diffusion from the bronchial circulation through the airway
tissue where it is absorbed by the inspired air; and by the time air reaches the
alveoli, the airstream is in equilibrium with airway tissue and BAC. Thus, no
additional alcohol can be absorbed or desorbed in the alveoli.
During
inhalation, the alcohol absorbed by the air from the mucosa is replaced in part
by alcohol diffusing from the bronchial capillaries, whereas on exhalation a
little of the alcohol is desorbed back to the airway surfaces. All alcohol
exhaled through the mouth comes from the airway surface via bronchial
circulation, but none of it originates from the pulmonary circulation in the
alveoli. This explains why the BrAC is
easily altered by the pattern of breathing, and contributes to the
disproportionate ABT readings from VUI suspects.
The implications
from all of these conclusions is that the BAT is becoming obsolete in
principle, and leaves scientists struggling to explain the variability of
BrAC. It has lead to the development of
a new model based on the airway exchange of alcohol that can be used to explain
the large observed variability in BrAC. Physiological variability has a great
impact on ABT due to physiological parameters that may change from one test to
the next. The recognition that alcohol exchanges in the airways exposes the ABT
to a new wave of scientific research geared towards improving the accuracy of
BrAC measurement rather than the alveoli.
The California Legal Team, San Diego Los Angeles, Pasadena, Santa
Barbara and Newport Beach Criminal and DUI Specialist Defense Website
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