A judge last week ruled to dismiss all charges in the case of a woman arrested last July for driving under the influence after a Placerville police captain agreed she was not told of her right to a breath, blood or urine test at the jail.
In fact, the department, prior to Monday, admitted to not providing such an admonishment to anyone arrested on suspicion of DUI.
The admonishment is result of a 1984 U.S. Supreme Court ruling (California vs. Trombetta) holding that all DUI suspects, prior to being chemically tested a second time for alcohol, must be told that they have the option of either a breath, urine or blood test.
Debbie E. Hall, who was arrested after going through a police checkpoint on Highway 50 at Bedford Avenue, blew a reported .15 percent blood-alcohol level at the scene and a .14 and .13 reading at the jail. But her attorney Steve Tapson argued that she was not told of her option to take a blood test when being booked at the jail by Capt. Mike Scott.
Superior Court Judge Eddie T. Keller agreed with Tapson and threw out the case.
'I assume this mistake won't be repeated,' Keller said.
The California Highway Patrol covers the issue by providing a box for officers to check off on their arrest report after they give the admonishment.
El Dorado County deputy district attorney Jamie Verwayen said the department is working to change its policy with regard to the Trombetta Law.
Tapson said Hall's case could have had a different outcome had she been pulled over for driving suspiciously, rather than being stopped at the checkpoint. The law allows prosecutors to pursue DUI charges based solely on erratic driving, even if the suspect registers below a .08 percent.
Tapson's wit was also evident in the motion he filed to the court. In it he refers to the July 2007 sobriety checkpoint as follows: 'It was a historic day in the city of Placerville ... The Police Department set up for the first time in recollection a DUI checkpoint along Highway 50, which was accompanied by flashing lights and if indeed it had been the old days, there would have been balloons, which was formerly the means of testing breath alcohol content.'
E-mail Eric Laughlin at elaughlin@mtdemocrat.net or call (530) 344-5064.
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