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DHB’s lawyer sees procedural problems with DUI arrest

Darrius Heyward-Bey

Oakland Raiders wide receiver Darrius Heyward-Bey runs after a reception during NFL football practice in Alameda, Calif., Tuesday, June 12, 2012. (AP Photo/Marcio Jose Sanchez)

AP

The case against Raiders receiver Darrius Heyward-Bey continues to work its way through the California court system. And his lawyer thinks that there may be a way to avoid a conviction.

Arrested for DUI on April 7, Heyward-Bey was arraigned on May 31. Now, a pre-trial conference will be conducted.

The fourth-year receiver wasn’t required to attend the arraignment. He has been ordered by Judge Donna Little to appear in court on Thursday.

According to the Bay City News Service, lawyer Ivan Golde believes that there could be procedural issues with the traffic stop and eventual arrest, which came after a pair of breath tests should DHB’s blood-alcohol content at 0.12 percent and 0.13 percent. (The legal limit is 0.08 percent.)

“After investigating all the procedures and all the chain of events it appears not everything was done according to the rule of law, and there may be some questions that need to go before a jury,” Golde said.

That’s a common approach in DUI cases. With a laundry list of technical requirements, lawyers for persons accused of drunk driving have plenty of potential questions to raise.

It doesn’t mean the defendant wasn’t driving drunk. It means that the defendant may get away with doing so, thanks to mistakes made by the arresting officer.