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California DUI charges could lead to 6 years in prison

In December, a driver was reminded to take extra care while driving when he allegedly ran into a police car in the middle of the afternoon. The California driver was arraigned on DUI charges causing injury on January 7, 2013 in relation to the car accident. There are many facts related to this accident that could make claims by the police officer difficult to defend against. As a result, the defendant needs to have a very good grasp of the law in relation to possible claims in this accident.

The driver of the car is alleged to have run a red light around 3 p.m. in the afternoon after leaving a birthday party for a friend. Alcohol was allegedly available at the birthday party. According to the Deputy District Attorney on the case, the defendant admitted to drinking alcohol prior to the accident. In the accident, the defendant is alleged to have run a red light and hit the side of the police car. The officer was trapped in the car for at least an hour before they were able to free him from the vehicle and take him to a hospital for medical treatment.

The defendant's blood-alcohol level was apparently tested in this case. It is not clear what type of test was used, but authorities claim that the test found a blood-alcohol level of .22, which is above the legal limit in California of 0.08. The totality of the charges include DUI causing an injury and DUI above .08 alcohol level, which could lead to a sentence of up to 6 years in prison.

When facing such serious allegations, it is important to have a good understanding of the laws that are intended to protect the defendant's rights. While the test results and some of the related information could look very negative to the defendant's case, it is important to keep in mind that the California defendant is innocent until proven guilty of the DUI charges. It is also important to keep in mind that each piece of evidence needs to not merely be alleged but proven. A good defense is not built from just a few random facts, but from the entirety of the situation which can provide a stronger case than any one fact alone.

Source: Lake Forest, CA Patch, "Suspect in DUI Crash That Injured Cop Pleads Not Guilty," Jan. 7, 2013

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