Judge dismisses Contra County DUI charge against assemblyman

 Posted on September 21,2012 in DUI

Charges of driving under the influence against a California state assemblyman have been dismissed by the judge in Contra County. The state lawmaker was accused of driving drunk after leaving a Bar Area bar around 2:00 in the morning in the Bay Area.

The state assemblyman, from Covina, California took his DUI charges before a jury. The relatively lengthy DUI jury trial resulted in a not guilty verdict against the lawmaker on a charge of driving under the influence. However, the jury deadlocked 6 to 6 on a count charging the assemblyman with driving with a blood alcohol concentration of 0.08 percent or greater.

Prosecutors apparently decided to pursue the charge based upon the DUI test result. Authorities say that the assemblyman tested 0.08 percent BAC, a measurement that is right at the California legal limit. The assemblyman reportedly said that he had consumed a glass of wine around 9:00 during the evening the night before his arrest. He reportedly said that he had a second glass of wine just before the bar closed.

In the original trial, the assemblyman's DUI defense lawyer challenged the blood testing procedures and results that the state had relied upon for the DUI blood test charge. The jury reportedly had heard more than seven days of testimony during the first DUI trial.

An expert for the state testified there could have been an error in the blood test results, according to the San Gabriel Valley Tribune. The judge reportedly acknowledged that testimony when she dismissed the DUI charge. She says that, "It's not really, really strong evidence that it was above a 0.08, according to the Tribune. Based upon that and other reasons, the judge dismissed the remaining DUI charge.

Source: San Gabriel Tribune, "Judge dismisses DUI charge against Southern California assemblyman," Malaika Fraley, Sep. 19. 2012