Not Guilty of DUI is justice for California State Assemblyman wrongfully accused of drunk drivingrick
San Diego DUI attorneys look for mishandling of blood and reasons why the California DUI charge should be dropped.
Today, justice has been served for all such San Diego & California DUI lawyers.
Jurors today found California state Assemblyman Roger Hernandez, D-West Covina, not guilty of one misdemeanor count of DUI.
“My whole bar tab was $24 for two people,” Hernandez said of the DUI charge.
California DUI Lawyers Association Defense Attorney Peter Johnson successfully contended wind, sloped pavement and error in FST administration made it appear Hernandez did poorly during field sobriety tests.
This same jury hung 6-6 on a second misdemeanor count of driving with a BAC of 0.08 or higher. The District Attorney’s Office will soon say whether to retry Hernandez on the mistrial charge at the next court hearing.
Jurors who deliberated for 9 hours. They were not permitted from hearing that Hernandez is a politician and had been driving a state-issued car when he and a date were stopped by Concord police shortly after 2 a.m. March 27.
Concord DUI cops claimed Hernandez weaved within a traffic lane and twice turned without signaling before driving into the parking lot of the Crowne Plaza Hotel. The drunk driving police maintained Hernandez and his date, Kaiser Permanente community and government relations manager Darcie Green, both smelled like alcohol and had bloodshot and watery eyes. Hernandez “did not pass” 3 field sobriety tests before arrested for DUI. Neither Hernandez nor Green took the witness stand nor were they required to.
Hernandez’s blood-alcohol level tested “.08%”, purportedly legally intoxicated in California, after he initially refused to be tested, San Diego DUI attorneys are told.
Deputy district attorney Bruce Flynn, head of Contra Costa County’s misdemeanor prosecutions, said the DA’s office accepts the not guilty DUI verdict and will deliberate on what to do next.
“I feel grateful to have the opportunity to have my due process exercised. The justice system is a system I’ve always believed in. I believe today’s ruling is a testament to good people making a decision based on facts and not innuendo,” Hernandez appreciated.
“I can sleep at night,” said the foreman. “It should have never seen the light of day. It should have been plea-bargained.”