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Old 06-12-2009, 02:43 PM   #1 (permalink)
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Chargers Jackson loses DUI ruling in court

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Brent Schrotenboer of the San Diego Union-Tribune reports a San Diego Superior Court judge on Thursday denied a request by Chargers receiver Vincent Jackson to suppress evidence obtained as a result of Jackson's Jan. 6 arrest on suspicion of drunken driving.

Jackson's attorney, Cole Casey, said after the hearing he would appeal the ruling.

“Hopefully this is going to end up in federal court,” Casey said. “What's at issue, in our perception, is constitutional violations” of the Fourth Amendment, which guards against unreasonable searches and seizures.

Casey had argued that Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test instead, as was his right.

His blood-alcohol content measured 0.17 percent, according to court records. The legal limit in California is 0.08 percent. By arguing that the blood test violated Jackson's rights, Casey wanted the test results tossed.

Judge Cynthia Bashant disagreed, saying she was bound by California case law. “If you go to the Supreme Court, who knows?” she said.
http://blog.theredzone.org/ViewItem.asp?Entry=1738
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Old 06-12-2009, 03:26 PM   #2 (permalink)
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Unless they had some reason not to trust the breath test I wonder why he was not given one.
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