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California Assemblyman DUI Court Date Set

The DUI trial for a California state assemblyman is to start in just over a week. Assemblyman Roger Hernandez was originally scheduled for today but was moved back at the request of his defense lawyers. Part of the reason for this was due to a continuance to have a hearing about suppressing some of the evidence that the State was to use in the case. Based on the short amount of information that the officer is willing to give for this interview it sounds like Assemblyman Hernandez invoked his Right to Remain Silent after being pulled over. This means that everything than happened after that request is not admissable in court.

Have you read our advice for what to do if you are pulled over for a DUI, or any other reason?

DUI trial for state assemblyman moved to Aug. 7 in Contra Costa court

The drunken driving trial for state Assemblyman Roger Hernandez will begin Aug. 7 in Contra Costa Superior Court.
The date, initially scheduled for Aug. 7, was for a short time changed to July 31 at the request of the defense. It was then moved back a week to its original date, according to Contra Costa deputy district attorney Bruce Flynn.
A motion filed by the defense to suppress evidence in the case was scheduled to be heard Monday, but it was continued. Flynn said the motion will now be heard before the trial.
Hernandez, D-West Covina, and his attorney did not return calls for comment on Monday.
Hernandez was charged with driving under the influence and driving with a .08 blood-alcohol level. Both are misdemeanors. He has pleaded not guilty to the charges.
The case stems from his March 27 arrest by Concord police in the parking lot of the Crowne Plaza Concord hotel at 45 John Glenn Drive.
Hernandez was driving a state-issued white 2007 Toyota Camry at the time. His female passenger was reportedly a lobbyist for Kaiser Permanente.
Concord police Chief Guy Swanger said an officer followed Hernandez as he weaved between lanes and turned onto a local street without signaling.
Swanger said the officer pulled over the assemblyman and noticed signs of intoxication. He would not say what those signs were.
However, Swanger said Hernandez was asked to perform a field sobriety test based on the smell of alcohol
in the car.
“Based on the totality of everything, the driving, the objective signs of alcohol and the results of the field coordination tests, the officer felt he should arrest him (for DUI),” Concord police Lt. Bill Roche said.
Roche said results showed Hernandez had a blood-alcohol level of .08 percent at the time of the test.
The blood sample was taken shortly after Hernandez’s arrest, he added. Having .08 blood alcohol qualifies as being legally intoxicated under state law.
Hernandez has denied being drunk. He told the Sacramento Bee in March that he had about three glasses of wine over the course of four hours after dinner.

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