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MAN GUILTY IN QUESTIONABLE DUI CASE.


Byline: Jesse Jesse (jĕs`ē), in the Bible, the descendant of Rahab, the grandson of Boaz and Ruth, and the father of David. Referring to the restoration of the Davidic monarchy, the Book of Isaiah speaks of a shoot coming from the "stump of Jesse.  Hiestand Daily News Staff Writer

A Ventura Municipal Court jury Tuesday found an Oxnard man guilty of driving with a blood-alcohol level exceeding the legal limit in a case involving questions about alcohol testing at the county crime lab.

Rey David Diaz, 32, was found guilty of driving with a blood-alcohol level exceeding the .08 legal limit to drive. But the jury, after more than a day of deliberation deliberation n. the act of considering, discussing, and, hopefully, reaching a conclusion, such as a jury's discussions, voting and decision-making.


DELIBERATION, contracts, crimes.
, remained undecided on whether Diaz was driving under the influence of alcohol when he was arrested in Oxnard on April 5, prosecutors said.

Jurors are expected to resume deliberations today after the court replaces one of the jurors with an alternate. A court official said the juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories.  had to be excused because of a scheduled vacation.

The attorneys involved in the case would not comment because it has not yet concluded.

``No one's going to say anything at this point because they're still deliberating,'' said Deputy District Attorney John Cardoza.

The case is being watched closely by prosecutors and defense attorneys in Ventura County because it features many of the same issues involved in a larger effort by defense attorneys to have some 300 drunk-driving cases dismissed because of alleged sloppy slop·py  
adj. slop·pi·er, slop·pi·est
1. Marked by a lack of neatness or order; untidy: a sloppy room.

2.
 or unlicensed alcohol testing at the lab.

But rather than join that effort, Diaz struck out on his own and demanded a speedy trial The Sixth Amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. .

Before the trial began, there were several days of legal wrangling with defense attorneys seeking to block prosecutors from presenting the breath-test evidence. They claimed the lab flaunted a state order to stop breath-alcohol testing by continuing such testing. The Diaz breath test was completed during that six-week period after the Health Department became concerned when a lab technician See PC technician and software technician.  failed a routine test.

Municipal Court Judge Edward Brodie ruled the lab violated vi·o·late  
tr.v. vi·o·lat·ed, vi·o·lat·ing, vi·o·lates
1. To break or disregard (a law or promise, for example).

2. To assault (a person) sexually.

3.
 state procedures. But he allowed prosecutors to use the breath evidence, ruling the lab did not actually lose its alcohol-testing license.
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jul 16, 1997
Words:319
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