According to an article published in the Contra Costa Times, Southern California Assemblyman Roger Hernandez was arrested Wednesday for driving while under the influence of alcohol (DUI). Allegedly, Mr. Hernandez was pulled over for weaving and failing to use his turn signal. He was arrested after submitting to field sobriety tests, and provided a blood sample. The results of the sample were 0.08%, right at the legal limit in California.
Mr. Hernandez disputes that he was intoxicated, and has claimed that the officer did not have probable cause to pull him over. Based on case law interpreting the 4th
Amendment of the U.S. Constitution, an officer must have probable cause to believe a violation of the law has occurred before pulling a car over. Any violation observed by the officer, no matter how trivial, is sufficient to satisfy this constitutional requirement.
Based on the facts reported in the article, this sounds like a borderline case, and the Contra Costa County District Attorney may decide not to file it.
Of possible political consequence to Mr. Hernandez are other alleged facts surrounding the vehicle stop. It was reported that Mr. Hernandez had a 29 year old female lobbyist working for Keiser in the car with him. Mr. Hernandez was also driving a state vehicle from Sacramento, which was not supposed to be driven outside of the capital.
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