A city councilman in a Central Coast community south of Santa Barbara is facing two separate standards that our culture seems to set when it comes to allegations of driving under the influence. People charges with a crime, such as a California DUI, enjoy the presumption of innocence in a court of law. Los Angeles DUI defense lawyers know that the presumption of innocence is an extremely important constitutional right. But our culture also tends to try people in the court of public opinion, where that presumption of innocence is often overlooked.

Recently, this blog discussed the DUI arrest of an LA Dodger. Ultimately, there was insufficient evidence to support the charges in a court of law, although some in the media may not have originally portrayed the incident in that light.

Now a councilman from Carpinteria has been censured after being merely charged with DUI. The reprimand, which seeks the councilman's resignation, also goes so far as to strip him from being able to receive city council committee assignments. The public rebuke comes even before the man accused of drunk driving has appeared for arraignment in court on the charges.

The latest disciplinary action outside a court of law arose after a December car accident. Law enforcement claims the man had a blood alcohol level that registered more than twice the legal limit to drive under California law. The council voted three-to-one Feb. 20, 2012, to condemn the councilman for failing to voluntarily resign from his elected office based upon the DUI accusation, which the council apparently believes to be a violation of the city's code of ethics.

The councilman is scheduled to appear on court on the DUI charges next week. The man reportedly pled no contest to DUI charges in 2006 and faces potential sentencing enhancements in the current drunk driving case, if he is convicted.

Source: San Francisco Chronicle, "Calif. Councilman asked to resign over DUI arrest," Associated Press, Feb. 14, 2012