CONTRA COSTA, CA—Deputy Public Defender Vivian Perelman told a jury here in Contra Costa County Superior Court this week that the prosecution did not have sufficient evidence to convict an accused facing DUI/driving under the influence charges.
District Deputy Attorney Philip Farmer said the accused was guilty of two counts, driving under the influence, and driving with a blood alcohol level over .08.
The accused, said the prosecution, was driving after taking a few alcoholic drinks around 5 p.m. from Antioch to Pittsburg on a freeway.
While exiting the freeway, the jury was told, the accused was driving down the off-ramp at about 60 mph and crashed into the car in front of them, which caused a four car collision.
DPD Perelman shared with the jury during a closing statement that this trial was “all (under) a presumption of guilt and not innocence,” noting the prosecution was intentionally picking and choosing what evidence to use in this case.
DPD Parelman reminded the jury members that “accidents happen, crimes have to be proven,” and DDA Farmer did not do that.
DPD Parelman reiterated that a law enforcement witness who testified earlier in the trial believed the accused was in the absorption phase of the consumption of alcohol, and that there were two separate tests done to measure the BAC and the second test was higher than the first test.
Therefore, DPD Parelman explained to the jury that it is reasonable to believe that while the accused was driving, they were not at a .08 BAC, and were not driving under the influence.
DPD Parelman suggested to the jury – which is now out attempting to reach a verdict as of Tuesday – DDA Farmer did not do a sufficient investigation.
