The San Diego Union Tribune reports that an Imperial Beach man arrested on suspicion of drunken driving three times in five days pleaded not guilty to DUI charges in San Diego Court. This individual was charged with violations of California Vehicle Code Sections 23152(a) (driving under the influence) and 23152(b) (driving with a blood alcohol level of .08% or above) plus having two prior convictions. Unusual is that the prior convictions occurred within the past five days!
According to authorities, the suspect was arrested after Sheriff's deputies responded to a report of a drunken driver on Seacoast Drive in Imperial Beach. Interestingly, as with many individuals arrested, officers did not pull him over in a traffic stop. Instead, the officers reported that the defendant parked his vehicle and entered a bar on Palm Avenue, according to sheriff's Sgt. Ted Greenwald. After checking his background, the officers discovered that he had already been arrested for the same reason twice the prior week, he said.
Regarding his prior arrests, the defendant was arrested on suspicion of DUI by the San Diego Police Department on January 17, 2012 and by California Highway Patrol officers on January 19th, Sgt. Greenwald said. The Defendant was arraigned in court on the Imperial Beach case and was ordered held on $100,000 bail.
It was reported that the defendant's attorney stated that the defendant had been sober for 2 1/2 years before the series of DUI arrests. While the report from the article, obviously based on information provided by law enforcement implies that the defendant is guilty, the attorney indicated that the initial results from the January 17th DUI arrest showed the defendant with a .05 or .06 percent blood-alcohol level and they were still waiting for results of the blood test.
In the second incident two days later, the defendant's blood-alcohol level was reported as being .18%. The defendant's blood-alcohol level was reported as being .14% following the arrest in Imperial Beach, according to the prosecutor
The court in San Diego set bail at $40,000 in the downtown case and scheduled a jury trial for February 22, 2012.
It is clear from this report that the defendant has issues that require attention. It is my opinion that one should never drive with any amount of alcohol in his/her system. Alcohol issues aside, law enforcement will make arrests and deprive arrestees of their freedom and let courts or juries decide. Naturally defendants are terrified of the possible penalties and may make rash decisions regarding their cases. Looking at these cases, two of the three DUI arrests appear to have defenses. The first has a blood alcohol level well below the legal limit, and in the third, the defendant was in a bar when arrested. Did he consume alcohol in the bar? Could he have been under the legal limit at the time he drove? These are issues that require the expertise of an experienced Southern California DUI Defense Attorney.
Naturally no one advocates driving under the influence. At the same time, the beauty of our legal system is that individuals arrested enjoy the presumption of innocence.
Reference
Man has Three DUI Arrests in 5 Days
If you or a loved one is facing Driving Under the Influence allegations or charges, please contact the Law Offices of David Welch for a free consultation to discuss your defenses and your rights.
