As Chino DUI criminal defense attorneys, we were very interested to read about the unusual investigation into intoxicated driving by a former chief of the Riverside Police Department. According to a March 22 story in the Riverside Press-Enterprise, Russ Leach was charged with two counts of DUI stemming from an incident early on Feb. 8. Leach's own officers pulled him over at 2:48 a.m. that day, after a red-light camera showed him running a red. He was also driving on the rims of his tires, having apparently hit an object that caused a blowout, which then damaged the fender and other parts of the vehicle. The Riverside officers said Leach had been drinking and was confused, but didn't perform a BAC test. Instead, they drove him home.
Riverside authorities are conducting an internal investigation into possible improprieties by the police department, but California Highway Patrol investigated the incident itself. According to that investigation, Leach had several beers during the afternoon of the Super Bowl on Feb. 7. These were not supposed to be combined with prescription medications he had taken, which included painkillers, antianxiety drugs, a muscle relaxant and possibly sleeping pills. After the game, however, Leach drove to a strip club in Colton, where surveillance video showed he had at least seven more drinks. An employee there told the CHP she offered to get him a taxi, concerned about his intoxication level. It was after Leach left the club that he was pulled over. Even without the BAC test results, the CHP found enough evidence to file DUI charges, thanks to surveillance video, witnesses and the officers' reports.
The newspaper is interested in the implication that the police department may have acted dishonorably in this situation, and that's worth looking into. But as Anaheim drunk driving criminal defense lawyers, we'd like to discuss the fact that the CHP filed charges without a BAC reading. In California, there are two ways to be charged with intoxicated driving. You can be charged with a "per se" violation for having a BAC of 0.08 or greater, but you can also be charged with driving under the influence of alcohol or drugs. Unlike in some states, where a BAC test makes or breaks the case, prosecutors in California can build a case against you if they feel they have enough evidence to show you were under the influence. In the case against Leach, prosecutors apparently believe that witness testimony and circumstantial evidence like surveillance video from the club are enough to get a conviction.
The defense attorneys at Howard Law, P.C. can fight both kinds of DUI charge. Cases like Leach's, without a BAC test, are frequently weak because they are built on circumstantial evidence and witness testimony. If we can show that the witnesses are not reliable, or their testimony is contradicted by hard physical evidence, we can often undermine the case against our client. In cases that do involve a BAC reading, instead of or in addition to evidence of intoxication, we can directly challenge the test result. Many breath or blood tests are taken hours after the driver was pulled over, after the BAC level has changed. Test results may also be mishandled, or they can be obtained because of a traffic stop that was illegal to begin with. A successful challenge by our Oceanside intoxicated driving criminal defense attorneys can undermine this part of the case, forcing prosecutors to reduce or drop the charges.
If you're accused of drunk or drugged driving in California, you face a serious criminal charge that could cost thousands and severely restrict your freedom. To learn how Howard Law, P.C. can help you fight it, call us today for a free consultation at 1-800-872-5925 or contact us through the Internet.
