Former NASCAR Driver Sentenced for Eluding Police Shortly After DUI Arrest

May 24, 2010

Our Santa Ana drunk driving criminal defense attorneys were amused to see a story about a former race car driver who used his skills to evade a police stop. According to a May 18 article by KABC, former NASCAR driver Jimmy Neal pleaded guilty that day to a felony charge stemming from a police chase that reached speeds of 140 mph. Neal, 56 and from San Clemente, was charged with evasion while driving recklessly. KABC said he had also been charged with driving under the influence in an incident a week earlier, and pleaded guilty to that charge as well at Tuesday's hearing. He was sentenced to 30 days in jail, probation and drug classes.

Neal was driving a 2003 Chevrolet Corvette in San Clemente when Orange County sheriff's deputies noticed that the car didn't have a front license plate. This is a minor infraction that generally results in no fine, a sheriff's department spokesman said. Neal reportedly slowed as if to stop, but then speeded up and hopped onto Interstate 5 heading south. Officers followed, but the Corvette reached speeds up to 140 mph, and they eventually called off the chase because of concern about the safety of other motorists. However, Neal was caught anyway after his engine gave out fifty miles to the south, in La Jolla. The sheriff's spokesman said the engine was damaged from being driven at very high speeds all the way there. Neal reportedly was taken into custody without a struggle, but no information was given on chemical tests supporting the DUI charge.

As Chino DUI criminal defense lawyers, we'd like to know more about what evidence supports the charge of intoxicated driving. It's amusing to think that Neal was able to evade police because he had a fast vehicle and professional skills most drivers lack, but it's more interesting to consider why he might have wanted to do so. Some people just get nervous around law enforcement, but officers usually assume that evaders have something to hide. Being intoxicated would offer one reason for Neal's decision to flee -- but of course, evading proves nothing by itself. If Neal hadn't pleaded guilty at his hearing, prosecutors would have had to introduce breath or blood test evidence to show that he was under the influence, or at least make a strong case from circumstantial evidence. Without proving this, all they would have is a "fix it" ticket and the evading charge.

If you're charged with DUI in California, you should call Howard Law, P.C. as soon as possible. Everyone arrested for driving under the influence automatically loses their driver's license -- if they don't take steps to appeal that loss. Unfortunately, drivers must request a hearing within 10 days of their release from the arrest, and many drivers don't realize this until it's too late. Contacting our Whittier intoxicated driving defense attorneys right away protects your driving privilege and gets you a head start on building your defense. Depending on the circumstances of the case, we can challenge the original traffic stop, the validity of the test results or even violations of your civil rights during custody. We prefer not to let our clients plead guilty until we've explored these and other defenses, but if that's your preference, we can also negotiate for lighter alternative sentencing.

Howard Law, P.C. offers free consultations, so you can speak to us about your rights and your case without any further obligation. To set up a meeting, call us toll-free at 1-800-872-5925 or send us an email today.