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California legislator accused of driving under the influence

Constitutional rights to certain legal processes apply whether you are an average citizen, movie star, or political figure. Typically, however, in California where a good deal of celebrity news generates, law enforcement can seem to target those more attractive to the camera. Roger Hernandez, a California legislator, is under the spotlight recently for accusations of driving under the influence.

After being stopped by officials for supposedly weaving on Concord Avenue in Concord around 2 a.m. in late March. Hernandez admitted to having had two glasses of wine between 9 p.m. and the time of his arrest. This news report does not indicate whether field tests or a Breathalyzer were preformed on the scene.

Due to the allegations and an unreasonable search as asserted by Hernandez, a request will be made to have a blood test, along with several witness statements, ruled inadmissible in court. Hernandez has apologized for the personal and professional humiliation resulting from this scenario; however, he believes that the judge should not permit these into the proceedings due to a claimed unreasonable search. Hernandez does have a date set for the trial.

For anyone faced with charges of driving under the influence in California, the lasting effects if not handled properly can be devastating, Imprisonment, probation and hefty fines are all possible depending on the outcome and the specific facts and circumstances. A strong defense of these types of accusations begins at the scene of any search. In Hernandez's case, proper assessment of the manner in which the charges were filed is vital to bringing truth to the courtroom. Unfortunately even if the politician is successful in his defense, there can be lasting social and political consequences arising from the accusations alone. However, the right advice at the outset may go a long ways toward achieving the correct result and minimizing any collateral damage which the publicity engenders.

Source: The Sacramento Bee, "California legislator seeks to dismiss evidence in his DUI case," Jim Sanders, July 27, 2012

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