Jury Deliberates on Excessive Force during DUI Arrest

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Recently, there have been many allegations aimed at police of using excessive force against those they arrest. The news has been filled with stories and videos of police officers slamming school children to the ground or firing on unarmed alleged criminals. Often, people under the influence are combative and resistant, but charges of ‘excessive force’ are often left to an investigative team or a jury to decide.

In Riverside, California, a jury is still deliberating over whether or not a police officer used excessive force when detaining a woman accused of DUI. The officer in question allegedly sprayed pepper spray into Monique Hernandez’s eyes while trying to detain her on charges of DUI. In a video the family released to a news source, Hernandez is shown in excruciating pain shortly after being sprayed by the officer who had made a suspected DUI traffic stop.

The trial accusing the officer of using excessive force wrapped up last week with prosecution showing dash cam video of the incident. The officer claimed that Hernandez resisted arrest, and that he sprayed her to subdue her during arrest. If convicted, the officer who is accused could spend 20 years in prison over the incident.

Four days after conclusion, however, it appears that the jury may not be able to reach a verdict. Jurors indicated to the judge earlier this week that they were having issues, particularly over defining reasonable force. Jurors asked the judge to define such terms before going home. They are expected to continue deliberations.

If you or someone you love has been accused of DUI, obtaining legal counsel familiar with the DUI process is important. Our attorneys are experienced in DUI defense. Contact our offices today for a consultation.


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