Attorney Ernest Acevedo III said the public status and attention to District 10 Councilman Clayton Perry’s role involving a hit-and-run may likely mean a harsher punishment if he’s found guilty.
said he has been trying DWI cases in Bexar County for nearly three decades. He said charging a driver with DWI without any form of onsite chemical test, breathalyzer, or sobriety test is very rare.
“I can probably think of a handful of cases over decades where I’ve seen somebody charged after the fact without a DWI investigation and without a chemical test to present to the jury,” he sad.“If it’s done in a way where the video confirms that a jury could find him guilty based on a video of him being intoxicated -- as long as they can relate it to the driving portion -- that would be a way of doing it. It would just be unusual. You don’t see it very often,” he said.
As to whether or not the officer who responded to the call had the legal right to perform a form of sobriety test or DWI investigation at Perry’s home, Acevedo said those are the kinds of things DWI attorneys will challenge in court.“If people are home, they don’t get arrested for DWI. That’s uncommon because it’s hard to get the proof that a person was driving while intoxicated once they’re in their house. Unless you have all the evidence of what happened right before that,” Acevedo explained.
A first-time DWI conviction is a Class B misdemeanor, one level above a ticket. In Bexar County, Acevedo said it usually results in probation or jail time. Although Perry’s public status may mean a harsh penalty, the attorney said. “If you make it on the news. That generally makes your case much more difficult to fight than if nobody knows your case is pending,” he said.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
George Soros-backed district attorney candidates sweep electionsA handful of far-left district attorney candidates backed by liberal billionaire George Soros have won their general elections, including in Maine, Iowa and Texas.
Read more »
The Republican Rhetoric On Crime Didn’t Work In These District Attorney RacesCrime was among the top issues on voters' minds on Tuesday, but in many cities they still opted for candidates aiming to reform the criminal justice system.
Read more »
Alameda County District Attorney Race Between Price and Wiley Remains TightIt’s still to early to tell who will be Alameda County’s next district attorney, replacing retiring DA Nancy O’Malley.
Read more »
The path to 218: Why Democrats aren’t out of the race for the House yetRepublicans still have a wider path to the House majority than Democrats — but it’s narrowed a lot over the past 24 hours.
Read more »
Longtime leader in Los Angeles Community College District faces ouster from Board of TrusteesErnest Moreno, a Republican and frequent critic of the district and how it spends its money, trails challenger Sara Hernandez by an overwhelming 22 points in initial returns.
Read more »
Election 2022: Tight races for two seats on Los Angeles Unified School District BoardIn the LAUSD District 2 election, Maria Brenes and Rocio Rivas are nearly tied in Nov. 10 election results.
Read more »