Officer Found Not Guilty of Drunk Driving Charge
Mr. Scesny was first arrested in May of 2007 after an accident in Clinton in which he and his girlfriend were injured when Mr. Scesny struck a telephone pole. The case was headed toward a jury trail, but in a hearing on February 1, 2008, Judge Mandell allowed Scesny’s attorney’s motion to keep the blood alcohol test out of the trial. Two blood samples that were taken at the Clinton Hospital showed that Mr. Scesny’s blood-alcohol content was 0.168%, well above Massachusetts’s legal limit. In his motion to dismiss the test results, Scesny’s attorney argued that the police took the samples without his consent. Mr. Scesny stated that he did, in fact, refuse to submit to blood testing three times. Further, Mr. Scensy’s attorney cited the Fourth Amendment’s protection of unreasonable searches and seizure of property. Scesny was ordered to pay $200 in court costs and $50 for a victim witness assessment. He will return to active duty at the end of March, following a six-month suspension.
Mr. Scesny is quite lucky that his arrest did not occur here in California. As a California DUI Attorney, I regularly handle refusal cases, but unfortunately, California law does allow the police to force blood draws on individuals suspected of drunk driving. If, like Mr. Scesny, you refuse a chemical test, the police may opt to force a blood sample from you. In addition, because of your refusal, you will incur additional penalties for refusing to submit to the chemical test. According to California law, an individual who refuses to submit to chemical testing may be subjected to a forced blood draw without violating his or her Fourth Amendment rights (People v. Sugarman (2002) 96 Cal.App.4th 210, 214-216) so long as there is probable cause to believe that the individual was driving drunk and the blood draw is performed in a reasonable, medically approved manner. (People v. Ford (1992) 4 Cal.App.4th 32, 35.)
When you are arrested for driving-under-the-influence (DUI) of alcohol or drugs, the single most important thing you should do is to contact a California DUI defense attorney as soon as possible. California DUI laws are constantly changing and are highly complex. Our California DUI Law Firm, has experienced drunk-driving defense attorneys who are skilled at building a strong drunk-driving defense for our clients and who are often are able to minimize the penalties that result from such charges. If you have been arrested for DUI in California, please contact the Law Offices of Thomas Wallin for a FREE CONSULTATION immediately. We represent individuals accused of DUI throughout Southern California, including those drunk-driving cases in Orange County, Los Angeles, Riverside, San Bernardino, and San Diego.
To read more about Mr. Scesny’s case, visit: http://www.metrowestdailynews.com/news/x2019417142
