San Diego Superior Court Nixes NFL Player’s Challenge to DUI Test
On June 11th, San Diego’s Superior Court rejected a request made by the legal team of NFL player Vincent Jackson to deny evidence gathered following the football player’s arrest in January on suspicion of driving while intoxicated.
Jackson, who plays for the San Diego Chargers, was pulled over on January 6th by the California Highway Patrol for driving under the influence of alcohol. Officers brought Jackson to the police station and attempted to administer a breathalyzer test. Jackson cooperated at first. But when the breathalyzer did not accept his sample, he became--in the words of one of the officers--“recalcitrant” and ceased cooperating. According to reports, Jackson dawdled as he handed over his personal items for inventory, ostensibly hoping that he could gain time to allow his body to burn off the alcohol in his system so that he’d test below the state’s legal limit for DUI (0.08% BAC).
Jackson later alleged that, despite his continuing requests to take the breathalyzer test, officers interpreted his dawdling as a waiving of his right to the breathalyzer. Instead, they handcuffed the football player to a chair and took blood from his arm. The sample tested at 0.17% BAC -- more than twice California’s legal limit.
Jackson’s attorney had argued to the Superior Court judge that the testing had violated Jackson’s fourth amendment rights against unwanted seizures and searches. Had the Judge ruled that the test was indeed unconstitutional, the BAC results would have been thrown out, and the charges against Jackson would likely have been dropped. The Charger’s receiver hopes to take his case to Federal Court to appeal the ruling.
To make the most effective DUI defense case, you need a lawyer who deeply understands the intricacies of California DUI law and who knows how to identify potentially inappropriate or unconstitutional police procedures or tests. The Law Offices of Stephen Brodsky can provide crucial services for individuals charged with driving while intoxicated in Southern California. For more information, browse www.CriminalAttorneySanDiego.com, or call attorney Brodsky now to set a free, completely confidential consultation.
