Report sheds more light on state senator's arrest
| Friday, Mar 05 2010 05:54 PM
Last Updated Friday, Mar 05 2010 06:33 PM
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State Sen. Roy Ashburn
More details about this week's drunk driving arrest of state Sen. Roy Ashburn emerged Friday after the Sacramento County District Attorney's office formally charged him with two misdemeanors.
Prosecutors charged Ashburn, R-Bakersfield, Thursday with driving under the influence of alcohol or drugs and driving with a blood alcohol level of .08 percent or higher. The D.A.'s office has said Ashburn's blood alcohol level was .14 percent.
His arraignment was set for April 14 in Sacramento.
Also released was a CHP report -- a probable cause declaration filed with the criminal complaint -- with additional information about Ashburn's arrest early Wednesday morning.
The declaration says Ashburn's vehicle was seen stopping several times when there wasn't debris or traffic in its path and straddling two lanes of 15th Street north of L Street.
It goes on to say Ashburn's vehicle, a black Chevrolet Tahoe belonging to the state, stopped at a red light at the intersection with L Street "waiting to make a right turn for approximately one minute without any cross traffic."
The vehicle then made a right turn and straddled the two lanes of L Street, the declaration says.
Ashburn did not return calls seeking comment Friday. A staffer said he didn't know when Ashburn will return from his personal leave.
The Senate was not in session Friday.
Meanwhile, the mayor of West Sacramento, who is openly gay, told Sacramento television station CBS13 that he's frequently seen Ashburn at gay clubs. Mayor Christopher Cabaldon said it makes Ashburn a hypocrite because he has consistently voted against gay rights-related legislation.
"To live a secret life and at the same time be attacking exactly the people who you're one of but that you are too ashamed to admit -- that's the hypocrisy that I think for folks, whether gay or not, (is) just unacceptable in politics."
Cabaldon did not return a call seeking comment. CBS13 quoted unnamed sources Thursday saying Ashburn had been at a gay club called Faces the night he was arrested but the website Talking Points Memo quoted the club manager as saying she didn't see him that evening.
Ashburn ducked questions about his sexuality from The Californian last summer, questioning the relevance of the topic. He said yes, he has voted against gay-rights bills, but he's cast conservative votes on nearly all social issues.
Ashburn said he votes the will of his conservative constituents.
That explanation didn't fly with Charles T. Moran, spokesman for the Log Cabin Republicans, which advocates within the GOP for equal rights for all people including gays and lesbians. He pointed to Ashburn's key vote in February 2009 for a controversial state budget deal that included tax increases.
"I can pretty much guarantee his constituents did not want him to vote for a tax increase," Moran said. "So here we have an example of a double standard."
Zack Scrivner, chairman of the Kern County Republican Party, declined to comment on the Ashburn situation.
Dean Haddock, party treasurer, said Republicans are more upset with Ashburn over his budget vote than his drunken driving arrest. And, he said, local constituents aren't so concerned about politicians' lifestyle choices as long as they are not brazen about them.
Meanwhile, a Californian story Thursday contained incorrect information about what happens to a motorist's driving privileges after an arrest on suspicion of DUI.
According to the Department of Motor Vehicles website:
The arresting officer is required to immediately forward a copy of the arrested person's notice of suspension or revocation and any driver's license taken, with a sworn report to the DMV.
The DMV conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order and any test results. If the suspension or revocation is upheld, the person may request a hearing to contest the suspension or revocation.
The person can request a hearing from the DMV within 10 days of receiving the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside.
