Thursday, September 20, 2007
City Councilwoman fights California DUI charges
California DUI criminal defense lawyers represent politicians.
A Sebastopol councilwoman is fighting her DUI arrest in May, claiming her Fourth Amendment rights were violated.
Andy Martinez, attorney for Linda Ruta Kelley, says the Sonoma County Sheriff's Department's and California Highway Patrol's prolonged detention to conduct a general investigation violated Kelley's right to privacy and her freedom from government search and seizure.
Martinez is asking for a suppression of evidence. A hearing in Sonoma County Court is scheduled Oct. 11.
Kelley's Chevrolet pickup was pulled over by a sheriff's deputy at 2:15 a.m. on May 20 on Main Street in Guerneville. The deputy and a responding CHP officer smelled alcohol in the truck and on Kelley's breath. Kelley admitted to having three drinks, according to court papers.
The deputy said Kelley, 53, was driving 10 mph in a 25 mph zone and her registration had expired the month before. The deputy also said her license plate was obscured. The CHP officer noted Kelley's eyes were red and watery and her speech was slurred.
Kelley did not perform field sobriety tests and she was arrested and taken to the Sonoma County Jail where two breath tests revealed a blood alcohol level of 0.09 percent. Driving with a blood alcohol level of 0.08 percent or higher is illegal in California. Kelley faces two misdemeanor drunken driving charges.
Martinez claims it is unclear what vehicle code violation Kelley was stopped for because she was not cited for having an expired registration and there is no indication the deputy investigated that further. There also is no mention of an obscured license plate in the deputy's report, Martinez claims.
The stop and detention should have been no more than a cite and release, Martinez states in his motion to suppress the DUI evidence, including Kelley's statements to the deputy and CHP officer.
The Sonoma County District Attorney's Office also is investigating allegations Kelley caused vandalism to a truck parked near her home by scratching it with a key in August. Kelley was re-elected to the council last year.
A Sebastopol councilwoman is fighting her DUI arrest in May, claiming her Fourth Amendment rights were violated.
Andy Martinez, attorney for Linda Ruta Kelley, says the Sonoma County Sheriff's Department's and California Highway Patrol's prolonged detention to conduct a general investigation violated Kelley's right to privacy and her freedom from government search and seizure.
Martinez is asking for a suppression of evidence. A hearing in Sonoma County Court is scheduled Oct. 11.
Kelley's Chevrolet pickup was pulled over by a sheriff's deputy at 2:15 a.m. on May 20 on Main Street in Guerneville. The deputy and a responding CHP officer smelled alcohol in the truck and on Kelley's breath. Kelley admitted to having three drinks, according to court papers.
The deputy said Kelley, 53, was driving 10 mph in a 25 mph zone and her registration had expired the month before. The deputy also said her license plate was obscured. The CHP officer noted Kelley's eyes were red and watery and her speech was slurred.
Kelley did not perform field sobriety tests and she was arrested and taken to the Sonoma County Jail where two breath tests revealed a blood alcohol level of 0.09 percent. Driving with a blood alcohol level of 0.08 percent or higher is illegal in California. Kelley faces two misdemeanor drunken driving charges.
Martinez claims it is unclear what vehicle code violation Kelley was stopped for because she was not cited for having an expired registration and there is no indication the deputy investigated that further. There also is no mention of an obscured license plate in the deputy's report, Martinez claims.
The stop and detention should have been no more than a cite and release, Martinez states in his motion to suppress the DUI evidence, including Kelley's statements to the deputy and CHP officer.
The Sonoma County District Attorney's Office also is investigating allegations Kelley caused vandalism to a truck parked near her home by scratching it with a key in August. Kelley was re-elected to the council last year.
# posted by SanDiegoDUI @ 2:57 PM 
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