AD-48: Roger Hernandez Moves to Throw Out DUI Evidence

California Assemblyman Roger Hernandez

A messy trial is certainly not going to help Assemblyman Hernandez win favor with voters.

Here is the latest.

Assemblyman Roger Hernández will ask a judge to throw out a blood analysis and other evidence against him Monday, the eve of his trial in Walnut Creek on suspicion of drunken driving.

The West Covina Democrat filed court documents claiming that his constitutional rights were violated by an unreasonable search and, therefore, evidence that includes the blood test, his statements, and observations of witnesses and police officers should not be accepted by a judge, prosecutor Dana Filkowski said.

If you recall Hernandez was charged with driving his State of California car under the influence of alcohol March 27, 2012 in Concord, California.

Hernandez running for re-election in November finished second in the June Primary election.

This will be a tough approach to vindication when Hernandez already apologized to his constituents.

Why not plead guilty, take your penalty and hope voters accept your contrition?