San Diego DUI Lawyers Blog
San Carlos’ Vice Mayor Andy Klein was arrested and charged with DUI in the early hours of May 13th, 2011, according to mercurynews.com.
Allegedly, Klein was parked on the exit ramp of northbound Interstate 280 at Edgewood Road when a San Mateo County sheriff’s deputy stopped thinking the parked car was disabled. After a brief discussion, the deputy believed Klein was under the influence so he called California Highway Patrol (CHP) to investigate.
Field sobriety tests were conducted and a preliminary alcohol screening (PAS) test was administered. Klein blew a .08 and he was subsequently arrested for DUI. He also provided a blood sample.
According to the San Mateo Daily Journal, Klein denied being under the influence, stating: “At no time did I feel that I was under the influence and would not be driving if I believed that I was unable to operate a vehicle responsibility.”
To be convicted, the prosecutor has to prove each element of the charged crime. In a DUI, (see CALCRIM 2110), they must show you were driving and while you were driving you were under the influence. A defense to drunk driving charges is the defendant was not driving.
In this case, the officer did not see Klein driving. He was pulled over at the time he was first approached by law enforcement. However, he may have admitted to driving and the prosecution will attempt to use that admission to prove that he was in fact driving the car just before he had contact with the officer.
If you are charged with drunk driving in San Diego County and you are not sure what to do next, never plead guilty until you talk to The Law Offices of Susan L. Hartman. For a free, confidential case evaluation, use the “Contact Us” form on this page or call 619-260-1122 today.