The San Diego DUI conviction was upheld by the Appellate Court involving the lady with San Diego Chargers star linebacker Steve Foley the night he had a .21% BAC and was shot by then 23 year old CPD rookie Officer Aaron Mansker, an off-duty Coronado police officer who still aggressively pursues alleged DUI drivers.

The bullet to the Chargers star hit his knee; unfortunately he had to retire from football. He settled with Mansker and the city of Coronado for $5.5 million after pleading to a San Diego DUI.

The lady, Lisa Gaut, was found guilty of 2 San Diego DUI charges plus assault with a deadly weapon. Mansker swore under oath that about 3:15 a.m., he spotted Foley's vehicle moving erratically and swerving on northbound state Route 163. Driving an unmarked car, he actually tried to pull it over in street clothes. He chased the car for thirteen miles to Foley's house, where he shot the player when he claimed Foley was reaching. Gaut, then 25 and living with her son, jumped in the driver's seat and drove the car at the rookie. 6 months in jail was her DUI / assault sentence even though the cop got out of the way.

Rejecting her argument there was insufficient evidence to convict her, the court also disagreed that the lower court erred when the judge allowed her recorded jailhouse telephone calls to be introduced as evidence and the claim the court improperly failed to instruct the San Diego drunk driving jury.