Reports are out today that Placer County CHP Officer Reuben Salgado was arrested and is facing numerous charges including DUI and Possession of controlled substance and weapons charges.  However, at this early stage no hard facts have been released to support the charges and even CHP officers are innocent until proven guilty.

Of the many Northern California Jurisdictions I practice in Placer County holds the reputation of overcharging cases.  Often is the case Placers charges are so overly inflated they resemble the real truth like the old Elvis resembled the young Elvis.  They then gracious shave off a fraction of their bloated charge and call it a plea offer.

Lets all wait and find out what the facts are.

After posting my blog yesterday stating that the major news agencies omitted the name of Ashburn’s Lawyer responsible for entering his plea I was surprised to receive a phone call from an individual who identified himself as Joshua Kaizuka, an attorney for a large Southern California based law firm, Earl Carter and Associates based out of Riverside, CA.

This individual claimed that he was the attorney for the Senator, that the Senator had read my blog, that my blog was not accurate and that the Senator wanted me to remove my post.  The individual told me that his name was reported in the Sacramento Bee.  A further search on the Bee’s website did reveal a report naming Joshua Kaizuka as Ashburn’s attorney.

The individual also stated that the Senator felt my entry somehow contained a negative connotation towards him but did not offer any specifics.

A review of the Law offices of Earl Carter and associates website reveals that the site has a section called attorney profiles however, Joshua Kaizuka nor any other attorney was listed.

I invited the Senator to comment on this blog.

Sincerely,

John Campanella

All news articles reporting on the Senator entering into a plea agreement report a comment by prosecutor Bob Clancy, that he was sentenced by Judge Russell Hom and that he received a standard sentence in Sacramento for a first offense conviction.  While all the articles indicate that the Senator was not personally present in court and that he was represented by an attorney, none make mention of who represented the senator.  All the local and national news agencies that covered this story failed to report this important fact.

CONCORD — The Concord Police Department will conduct a sobriety and drivers license checkpoint this weekend, the department said.

The checkpoint will be held from 7:30 p.m. Saturday to 3:30 a.m. Sunday. The location was not made public.

The goal of the checkpoint is to arrest impaired drivers and educate others on the dangers of driving drunk or under the influence of drugs.

All vehicles will be stopped for a few seconds while officers check for signs of intoxication.

The operation will be paid for by the California Office of Traffic Safety.

South Sacramento CHP admitted that during the early part of January 2010 expired simulator solution had been used to perform accuracy checks on a Preliminary Alcohol Screening (PAS) device.  Contact me directly if you have additional questions on this subject.

John Campanella

916 213 4200

Assemblyman Jerry Hill has decided to push a bill allegedly aimed at  reining in drunken drivers, though critics questioned giving California judges the power to permanently revoke the licenses of DUI offenders after three convictions.

Third time offenders are already facing significant punishment and the additional punishment proposed  by this bill is unlikely to deter drinking and driving by 3rd time offenders.

A third offense in CA usually carries with it a 3 year license revocation, a minimum of 120 day jail sentence, 3-5 years of probation which include that the driver cannot drive with any measurable amount of alcohol in their system, participation in a 18 month dui program (about $1000) increased insurance,  and a fine of around $2,000.

Suspending an individuals license may not be an effective way to keep multiple offenders off the road.  Many multiple offenders are also arrested for driving without a license or driving on a license suspended due to a previous DUI conviction.

Meanwhile, we know that many politicians have used the emotional pain of DUI victims to gather political support for another meaningless law which just so happens to provide them publicity and further their personal political goals.

Not every law aimed at punishing offenders is good for the population.  A proper cost benefit analysis should be performed before we blindly pass another needless law.

1.  Riverside Police Chief Russ Learch
Authorities this week charged former Riverside Police Chief Russ Leach with two misdemeanor counts of driving under the influence.

Riverside turned the investigation of Leach’s Feb. 8 accident over to the CHP a few days after the incident. On Monday, Leach, 62, was charged with misdemeanor driving under the influence of drugs and alcohol, and driving with a blood-alcohol level above the legal limit.

Russ Leach
He was not arrested, but ordered to appear in court for arraignment Thursday.

According to a statement from City Manager Brad Hudson, “DUI charges against Riverside’s former Police Chief marks the most recent phase of an ongoing probe into the matter which occurred in the early morning hours of February 8th, and how it was handled by the Riverside Police Department. Key facts of the case have been widely reported in the media and cited by the District Attorney, to include:

• Leach was stopped by RPD Officers after reports of a potentially impaired driver operating a vehicle matching the description of the vehicle he was driving;

• Leach’s vehicle suffered serious collision damage, to include loss of several tires and the near disintegration of vehicle rims;

• Officers indicated that Leach was apparently unaware that he had been involved in a vehicle accident;

• Police filed a report indicating that Leach had been drinking prior to the accident, and that his level of impairment was unknown (field sobriety testing was not conducted);

• Subsequent statements by Leach admit to his disoriented state at the time of the traffic stop; and

• Leach’s unsafe vehicle operation was captured by a Red Light Camera (a Citation was directed when this footage became available late last month).

2.  Anaheim Police Officer Kevin Schlueter (3rd DUI)

An Anaheim police officer has resigned after being charged with misdemeanor driving under the influence for the third time.

Orange County prosecutors say 37-year-old Kevin Schlueter of Costa Mesa was charged in the latest case on Tuesday.

Prosecutors say Schlueter was under the influence of a cocktail of prescription drugs when he nearly hit a highway patrol car on Interstate 405 in March 2009, smashed through a backyard fence in January and smashed into four parked cars on March 2.

He has pleaded not guilty in the first case and was charged last week with the second case.

Police spokesman Rick Martinez says Schlueter, who was on paid administrative leave, resigned Tuesday.

He faces 2 1/2 years in prison if convicted in all three cases.

3. Colorado State Patrol Officer caught in patrol vehicle.

A 21-year veteran of the Colorado State Patrol is on unpaid leave after being stopped for drunken driving at 7 a.m. Monday morning, March 22, while he was on duty.

The Associated Press reported that motorists on Colorado State Highway 470 in Denver called 9-1-1 after spotting 48-year-old David Dolan weaving in traffic in his patrol car.

Sheriff’s deputies pulled him over and handcuffed him as a TV news helicopter hovered above.

Dolan was charged with DUI. And because he had his sidearm while he was allegedly intoxicated, he was charged with prohibited use of a weapon.

The head of the Colorado State Patrol is quoted as saying, “Images like that tarnish our badges.”

Fantasy football players might expect an interruption in the output of Dolphins’ Ronnie Brown.

Brown, a key cog in the Dolphins’ wildcat attack, was arrested late Friday near Atlanta, the paper says. The team hasn’t commented, and Miami is scheduled to begin its offseason voluntary training program today.

Green Bay Packers tight end Spencer Havner faces charges of driving under the influence after crashing his motorcycle.

The CHP says the twenty-seven-year-old was not wearing a helmet when he lost control of the motorcycle and crashed in his hometown of Grass Valley, about 55 miles north of Sacramento atabout 2:45 a.m..

Havner broke his shoulder blade and had cuts to the back of his head and left arm.
Havner played in all sixteen games with the packers last season, catching 4 touchdowns.

The police report said Havner was not wearing a helmet. Because the crash occurred on private property California’s helmet law didn’t apply, police said, but drunken-driving laws would still be in effect.

The California Highway Patrol asked the district attorney’s office in Nevada County, Calif., to charge Havner with driving under the influence of alcohol. A clerk said no paperwork had arrived as of Wednesday morning.

Authorities say Havner was taken to Sierra Nevada Memorial Hospital in Grass Valley and found to be under the influence. He was arrested at the hospital and later transported to Sutter Roseville Memorial Center.