Individuals facing a Los Angeles DUI may relate to Jed Prisbey Imlay, a Cedar City, UT police officer arrested for driving under the influence on Monday, June 2.
On the force since 2005, Imlay doesn’t appear to have any previous marks on his record. However, on the evening of June 2 at around 7 p.m., he allegedly struck a retaining wall with his patrol car near a local baseball field. Although his cruiser was damaged, the retaining wall remained unharmed. However, rather than reporting the incident or waiting for backup, Imlay fled the scene.
After a witness called to report the accident, Imlay was arrested and charged with a class A misdemeanor (driving under the influence) and a class B misdemeanor (leaving the scene of an accident). Considering the Cedar City Police Department’s conflict of interest in the case, the Utah Highway Patrol is leading the investigation.
Since Imlay left the scene of the accident before investigators arrived, it will be difficult to know with certainty what occurred that evening. However, the damage to the patrol car, the eyewitness testimony, and the results of Imlay’s alcohol screening test appear to provide convincing evidence of his culpability.
Although this incident occurred in Utah, it presents several compelling legal issues to Californians, such as:
• How reliable is the information provided by the eyewitness? Did the individual provide a thorough description of Imlay, plate numbers, or other identifying information?
• When was the preliminary alcohol screening (PAS) or blood alcohol test (BAC) administered, and how long after the incident? California Vehicle Code Section 23152 (a) sets the DUI standard at blood alcohol levels of 0.08 percent or more, within three hours of the incident.
• What is the nature of the class B misdemeanor? Under California Vehicle Code Section 20002, defendants aren’t subject to criminal liability unless they cause damage to the other party’s property. Although the retaining wall wasn’t damaged, the patrol car – presumably owned by the Cedar City Police Department – was.
If you face a complex DUI case such as this one, working with a qualified Los Angeles DUI attorney is crucial to ensuring a fair trial. Michael Kraut, a Harvard-trained former prosecutor, knows the law and will work with you to craft a solid defense. Contact Kraut Law today.
If police arrested you for Los Angeles DUI, you may feel scared and confused. Contact Harvard Law School educated, ex-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.