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Stun Gun needed on DUI suspect after high speed chase

Posted by Michael Rehm | Jun 25, 2014 | 0 Comments

A driver, who was allegedly driving under the influence, evaded police from Orange County to his home in Carlsbad.  Apparently, he made it to his house, and then tried to make it inside when the officers caught up with him, and apparently the struggle was so bad that a stun gun was necessary.   That's a bad night.

The article states he was booked on DUI and “other charges,' which I am assuming is Vehicle code 2800.2, Felony Evading an Officer and Penal Code 69, Felony Resisting Arrest.  From the defense perspective, without knowing any of the facts, this looks like a tough case.  But we have no idea what exactly was going on in the drivers head or what kind of a record he has. This could be an isolated incident, the result of some traumatic event that recently occurred in his life.  In my experience, it is always wise not to judge.

The Vehicle Code 2800.2 is a felony, but there is a misdemeanor Evasion charge, specifically Vehicle Code 2800.1  Penal Code 69 is felony resisting arrest, which seems to be consistent with the use of a stun gun, but there is a misdemeanor resisting arrest charge as well, Penal Code 148(a)(1). These are potential plea bargaining options.  As a defense attorney, anytime you have a situation where there is a resisting arrest charge, especially when a stun gun was used, you have to consider a Pitchess Motion, to see if there has been in past aggressive behavior by the law enforcement officers involved in this case, especially the Officer that used the stun gun.  Of course, the fact that the driver drove from Orange County to Carlsbad, allegedly reaching speeds of over 100 mph is not helping the defense's case any.

Most people would not get involved in a high speed chase, therefore you have to consider the strong likelihood that there is something wrong with this individual mentally.  It does not necessarily mean he is not guilty, but it should be taken into consideration.

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About the Author

Michael Rehm

Michael Rehm has practiced law for over fifteen years. He has practiced exclusively Personal Injury and DUI/Criminal Defense.  While in law school, he served as an intern at the Sacramento County and Yolo County Public Defender's Office. After graduating law school, Mr. Rehm passed both the California and New York Bar Examinations on his first attempt. He then accepted a position at the Legal Aid Society-Criminal Defense Division in Brooklyn, NY representing the indigent in Brooklyn Criminal Court.  He has been in private practice for the last thirteen years. Education: University of California – San Diego Bachelors University of the Pacific – McGeorge School of Law Juris Doctorate License: California State Bar New York State Bar


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