Wednesday, October 18, 2006
San Diego DUI - Chargers Linebacker enters not guilty to DUI
SAN DIEGO -- Chargers linebacker Steve Foley pleaded not guilty Monday to misdemeanor DUI charges stemming from a confrontation with an off-duty Coronado police officer, who shot him three times near his Poway home.
A readiness conference was set for Nov. 17.
A defendant is not required to appear in court to answer misdemeanor charges.
The 31-year-old Foley is charged with DUI within 10 years of a prior conviction on such a charge, and with driving with a blood-alcohol level of more than the .08 legal limit.
The second charge carries an allegation that the blood-alcohol level was more than .15.
Officer Aaron Mansker has said he followed Foley's car in the early morning hours of Sept. 3 because he suspected the driver was drunk.
During the course of the subsequent investigation, it was learned that Foley thought he was either being followed by a fan or being carjacked by the person following him, sheriff's homicide Detective Thomas Ness wrote in an affidavit for a search warrant.
Mansker, driving an unmarked car, had followed Foley to the football player's home after allegedly seeing his car swerving across freeway lanes and traveling at speeds up to 90 mph.
Foley eventually stopped and got out of the car to confront Mansker. When he allegedly refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning and then shot the football player, who was hospitalized for several weeks.
The officer also opened fire on his companion, Lisa Maree Gaut, when she allegedly accelerated the Oldsmobile toward him, but she was uninjured.
A preliminary hearing is scheduled tomorrow for Gaut, who is charged with felony assault with a deadly weapon with force likely to produce great bodily injury and assault with a deadly weapon on a peace officer. She also faces misdemeanor charges of driving under the influence of alcohol and driving with a measurable blood-alcohol above the legal limit of .08.
According to search warrant affidavits, a sample of Foley's blood revealed a .23 blood-alcohol level, taken at 4:29 a.m. on Sept. 3.
On Sept. 13, Ness said he learned from the Sheriff's Crime Lab that Foley's blood-alcohol level measured .16 and Gaut's blood-alcohol level measured .15.
The sample of blood revealing that result was taken from Foley at 6:45 a.m. on Sept. 3, according to the affidavits.
According to the affidavits, Ness said it was explained to him that hospital blood-alcohol test results consistently measure higher than a criminalist's results due to hospital testing methods.
Foley has been put on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.
Mansker, 23, will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.
Judge Jeffrey Fraser has issued a gag order that prohibits the lawyers in the case from talking about possible steroid use, polygraphs and witness credibility.
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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
A readiness conference was set for Nov. 17.
A defendant is not required to appear in court to answer misdemeanor charges.
The 31-year-old Foley is charged with DUI within 10 years of a prior conviction on such a charge, and with driving with a blood-alcohol level of more than the .08 legal limit.
The second charge carries an allegation that the blood-alcohol level was more than .15.
Officer Aaron Mansker has said he followed Foley's car in the early morning hours of Sept. 3 because he suspected the driver was drunk.
During the course of the subsequent investigation, it was learned that Foley thought he was either being followed by a fan or being carjacked by the person following him, sheriff's homicide Detective Thomas Ness wrote in an affidavit for a search warrant.
Mansker, driving an unmarked car, had followed Foley to the football player's home after allegedly seeing his car swerving across freeway lanes and traveling at speeds up to 90 mph.
Foley eventually stopped and got out of the car to confront Mansker. When he allegedly refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning and then shot the football player, who was hospitalized for several weeks.
The officer also opened fire on his companion, Lisa Maree Gaut, when she allegedly accelerated the Oldsmobile toward him, but she was uninjured.
A preliminary hearing is scheduled tomorrow for Gaut, who is charged with felony assault with a deadly weapon with force likely to produce great bodily injury and assault with a deadly weapon on a peace officer. She also faces misdemeanor charges of driving under the influence of alcohol and driving with a measurable blood-alcohol above the legal limit of .08.
According to search warrant affidavits, a sample of Foley's blood revealed a .23 blood-alcohol level, taken at 4:29 a.m. on Sept. 3.
On Sept. 13, Ness said he learned from the Sheriff's Crime Lab that Foley's blood-alcohol level measured .16 and Gaut's blood-alcohol level measured .15.
The sample of blood revealing that result was taken from Foley at 6:45 a.m. on Sept. 3, according to the affidavits.
According to the affidavits, Ness said it was explained to him that hospital blood-alcohol test results consistently measure higher than a criminalist's results due to hospital testing methods.
Foley has been put on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.
Mansker, 23, will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.
Judge Jeffrey Fraser has issued a gag order that prohibits the lawyers in the case from talking about possible steroid use, polygraphs and witness credibility.
http://www.sandiegodui.com
http://www.sandiegoduihelp.com
http://www.sandiegoduilawyer.com
http://www.1800thelawdui.com
http://wwww.sandiegodui.com/criminal
http://www.sandiegoduilawyer.com
http://www.sandiegoduihelp.com
http://www.sandiegodui.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUILawyer.com
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .
San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIlawyer.com .
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com San Diego DUI Lawyer Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 20 years of experience. Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
San Diego DUI Attorney Rick Mueller Background and Contact Information http://www.sandiegoduilawyer.com/about.html
San Diego DUI and DMV Penalties http://www.sandiegoduilawyer.com/penalty.html
Out of State License/Resident & Driving Record http://www.sandiegoduilawyer.com/out_of_state.html
Military Base DUI - San Diego County Federal Court - http://www.sandiegoduilawyer.com/base.html
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