Assemblyman challenges evidence for his DUI trial
Assemblyman Roger Hernández is expected to ask a judge to throw out a blood analysis and other evidence against him today, the eve of his trial in Walnut Creek on suspicion of drunken driving.
The West Covina Democrat filed court documents claiming that his constitutional rights were violated by an unreasonable search and, therefore, evidence including the blood test, his statements, and observations of witnesses and police officers should not be accepted by a judge, prosecutor Dana Filkowski said.
Peter Johnson, Hernández's attorney, could not be reached for comment.
Hernández was charged with driving under the influence after he was stopped March 27 in Concord, where police say the state car he was driving was weaving inside a lane on Concord Avenue.
Lab tests concluded his blood-alcohol level was 0.08 percent, the level at which a motorist can be charged with drunken driving.
Filkowski characterized the court papers filed by Hernández as standard in such cases.
"What they do is put the burden on us to justify it," Filkowski said of Hernández's treatment by officers.
Hernández's trial is scheduled for Tuesday in Contra Costa Superior Court in Walnut Creek.
If you've ever paid a bill after it was due, you're familiar with late fees. California is, too. The state paid more than $34.3 million in penalties for overdue bills from July 2004 through June 2011, according to the Department of General Services. The state accrued more than a third of those fees more than $11.7 million in the 2010-11 fiscal year, the department says.
"Many people came here with a dream, and they dream of a better life."
MARK BALDASSARE, president and CEO of the Public Policy Institute of California, telling Reuters that Gov. Jerry Brown is calculating that California's resident dreamers will seize on his vision and vote for his tax ballot measure, Proposition 30
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