The Sacramento Bee reports that a man was recently arrested after allegedly running his car into a power pole that knocked out power to residents in portions of Woodland.
Picking up a DUI charge in Sacramento can be a harrowing experience. Most people who face this charge have never been thrown into the criminal justice system and don't know where to turn.
Hiring an experienced Sacramento DUI defense attorney should be the first point of order. Defendants have rights and many may not know all the specifics. But an attorney does. We can help you defend your rights and seek justice in your case.
This defendant, a 69-year-old man, is accused of driving a vehicle under the influence and driving into a power pole at County Road 98 and W. Beamer Street around 1:15 a.m. A 29-year-old passenger was injured in the crash, police said.
The newspaper reports that the roads were closed for seven hours while power crews dealt with the live wires, restoring power to the nearby residents. The article doesn't provide details about why police found him to be under the influence of drugs or alcohol.
Because it is a traffic accident, there are fewer details that can be challenged as opposed to a traffic stop by a law enforcement officer. In traffic stop situations, typically there must be proof that another traffic violation had taken place before the officer can lawfully pull over the vehicle. Some common violations in DUI cases:
- Swerving in and out of lanes
- Stopping and starting
- Running a stop sign or red light
- Not using a turn signal
- Speeding
Once an officer makes the stop, the defense's case doesn't stop there, however. Every action the officer takes must be looked at closely to determine if the defendant's rights were upheld at every stage of the investigation.
Law enforcement personnel get hours of training on how to properly conduct a DUI investigation. It's not as if this is new to even the rookie officer. So, they have few built-in excuses if they don't follow protocol when determining whether a driver is under the influence.
This includes not properly informing the driver of his or her rights, not explaining the consequences and benefits of refusing to participate in field sobriety or breath testing, and even poorly conducting these tests. Not being properly trained or purposely confusing a driver while giving these tests is also something to consider.
Weather conditions, eyewitness accounts, dashboard-mounted camera video surveillance and other factors must be explored by an experienced Sacramento DUI defense lawyer. The goal is to make sure the client gets a fair shot at defending the charges against him or her.
This is an intimidating process, but it doesn't mean it's a slam dunk for the state. Many DUI cases get overturned when the police, prosecutors or judges make procedural errors, or the state simply gets its facts wrong. The process is there for a reason -- to ensure the defendant's rights are upheld to get a fair trial.
If you need to speak to a criminal defense lawyer in San Francisco or Sacramento, contact Bonilla & Cintean at 916-447-7842 or 415-946-4020 for a free consultation.
More Blog Entries:
Labor Day Weekend increases risk of DUI Charges in Sacramento, San Francisco: August 26, 2011
Additional Resources:
Suspected DUI driver knocks out power in Woodland, by Whitney Mountain, The Sacramento Bee
