Drunk Driving DUI Law

Drunk Driving in Sacramento County

A Placer County judge declared a mistrial Friday in the case of an off-duty Sacramento County sheriff’s sergeant DUI who was accused of driving drunk when he was pulled over by a Roseville police officer in October 2007.

Sgt. Christopher D. Guerrero was not arrested or cited at the scene on Douglas Boulevard near Harding Boulevard, even though authorities said he performed poorly in a field sobriety test and had a blood-alcohol level twice the legal limit. He was charged days later, after the incident leaked to the new media.

Jurors deliberated for about two days on the misdemeanor counts of driving under the influence and driving with a blood-alcohol content of 0.08 or higher. They split 4-8 on the first count and 5-7 on the second, both in favor of not guilty.

The Placer County District Attorney’s Office will decide by June 16 whether to request a new trial.

Guerrero, 42, said he “feels good” about the jury outcome but “felt villainized” in initial news reports.

Jury foreman Rex Miller said, “Practically everyone on the jury felt that the defendant was guilty, but we felt the evidence in the trial did not substantiate that.”

Jurors primarily had questions about a preliminary test that showed Guerrero had a 0.16 blood-alcohol level. Miller said those results weren’t validated by a blood test or the breath test machine used at county jails or police stations.

Jurors also questioned the accuracy of a police report, Miller said.

Defense Attorney Michael Bowman said the report was written four days later, mostly from memory because the Roseville officer destroyed his notes after exercising his discretion to let Guerrero be driven home by a bystander.

In closing arguments, prosecutor Kyle Jibson said Guerrero had been observed going 45 mph in a 25-mph zone. He had bloodshot eyes, an unsteady gait and said he’d had five beers that night, the last one an hour before he was pulled over, Jibson said.

On a videotape, jurors heard Guerrero apologizing profusely and pleading with the Roseville officer to “cut him a break,” Jibson argued.

Two days after the incident, Guerrero, a 20-year veteran with the department, apologized in an e-mail to his supervisor for his “lack of judgment,” the prosecutor said.

“I don’t normally make a habit of driving in such a state,” Guerrero wrote. “I take full responsibility for this, and I know you guys have a job to do.”

Bowman said his client was only trying to “smooth things over” with the apologies and wasn’t impaired because he was not slurring his speech or stumbling during the stop.

A sheriff’s deputy and sergeant in another vehicle allegedly yelled at the Roseville officer not to arrest Guerrero and threatened a “war.”

Guerrero and the other two officers underwent an internal investigation. Sheriff spokesman Sgt. Tim Curran said all three remain with the department.

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