In San Diego County, there are a number of possible blood test defenses in DUI cases, California criminal defense attorneys remind.

What can happened if a San Diego DUI cop makes inappropriate comments to the person called in to draw the blood of the drunk driving suspect, lawyers ask?

One and a half Million Dollar sexual harassment suit.

Kimberli Hirst sued because she was verbally sexually harassed by ugly & lurid language by Oceanside Police Department Officer Gil Garcia in 2008.  He was fired in 2009 after her complaint.  He said his one-on-one inappropriate comments were “more of a consensual, back and forth sexual banter between the two,” according to his lawyer.

She drew blood as one of the phlebotomists called in when San Diego DUI suspects give blood at the jail or police staion.  She won that money in Vista Superior Court yesterday against the former DUI cop and the city.  The defense attorney will appeal the jury’s 11 to 1 decision placing 75% of fault on the city and 25% on the cop.  But the city has to pay it all if upheld since the cop was working for the city at the time.

She refuses to draw blood anymore and has been working only part-time since 2012 when laid off after American Forensic Nurses lost its vampire contract with San Diego County, California.

The sexual harassment was learned by a security guard who heard her talk to her AFN supervisor.  She never complained directly to the city, so attorneys claim a right to appeal.  The investigation began.

The cop filed a wrongful termination suit against Oceanside California based on his refusal to destroy evidence in an unrelated case.

 

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