Tuesday, April 1, 2008

San Diego California DUI Judge problem

California DUI attorney case law note

California DRUNK DRIVING - FIRST JURY'S DETERMINATION BINDS SECOND JURY

People v. Smith (CA 4th, 3/5/08, D049993) 08 CDOS 3644

San Diego Superior Court Judge Albert T. Harutunian violated
collateral estoppel principles by instructing second San Diego
California DUI jury that defendant drove with more than .08
blood alcohol after first San Diego California DUI jury had
acquitted defendant of that San Diego California .08 charge
but hung on driving under the influence.

The San Diego DUI Jury should have been instructed to presume blood alcohol
was less than .08.

This is another example of how difficult San Diego California judges can
make it for San Diego DUI California criminal defense lawyers.