A probable intoxicated driving case in San Diego is attracting a lot of attention, and that caught the attention of our Fallbrook DUI criminal defense lawyers. According to a Nov. 8 story from KFMB, San Diego's CBS affiliate, the family of a woman killed in January is upset that John Holsheimer faced only misdemeanor manslaughter charges in the death of Bridgette Hale of Ramona, a 36-year-old mother of an infant son. Holsheimer was allegedly under the influence of amphetamines and marijuana when he drove the wrong way on Highway 67, a rural highway that winds through the mountainous eastern part of San Diego County. But because the California Highway Patrol failed to draw blood from him at the scene, prosecutors said they could not charge him with a DUI.
According to KFMB, Holsheimer, of Oceanside, was a casino in Lakeside for 12 hours before he got behind the wheel the day of the crash. He was driving on the wrong side of the highway for some time before crashing head-on into Hale's vehicle, killing her. The California Highway Patrol responded, but did not take blood at the scene to check for drug intoxication. Later, a blood test was done for reasons not specified, revealing amphetamines and marijuana in Holsheimer's system. However, prosecutors said the test results were too late to form the basis of driving under the influence charges. As a result, Holsheimer was sentenced to six months in jail and 90 days in drug and alcohol rehabilitation. If the charge had been gross vehicular manslaughter while driving under the influence, he could have faced four to 10 years in prison, if it was a first offense.
Hale's relatives are reportedly pushing for a "Bridgette's Law" that would require CHP officers to take blood at the scene of any fatal crash. As Temecula DUI criminal defense attorneys, we think that's a bad idea for several reasons. The point of drawing blood is to be able to use blood tests as evidence, which sounds like a good thing. But blood tests are not admissible as evidence if they are improperly administered -- and drawing blood is not part of a police officer's job. Unless they have the budget for a medical professional, officers need special training and immunizations, and ideally should do this under conditions that ensure the sample is not contaminated. This is very difficult to do on the side of a highway. In addition, there are ethical and civil rights objections to drawing blood without the subject's consent. Some courts have ruled that it's a violation of the Fourth Amendment's guarantee against unlawful searches.
Unfortunately, civil rights violations do happen during DUI arrests, and public opinion frequently backs officers no matter what the circumstances. That's why it's so important to call Howard Law, P.C. as soon as you realize you're facing charges of driving under the influence. For one thing, the sooner our Pomona drunk driving criminal defense lawyers take the case, the better our chances of preserving your rights and keeping the DUI off your record. If we get the case within 10 days of the arrest, we can help you defend your driver's license from a DMV administrative hearing. We can also use the time to preserve vital evidence in your case and begin negotiations with prosecutors. This ultimately gives us more time and leverage with which to negotiate lower charges or even dropped charges when appropriate.
If you're charged with drunk or drugged driving in California, don't hesitate before you call Howard Law, P.C. for help. To learn more or set up a free consultation, send us a message online or call 1-800-872-5925 today.
