A motion to attack search warrant for a blood-alcohol test in a DUI case — with the claim certain requirements of the law had not been met — failed last week when Criminal Court Judge Gary McKenzie overruled a defense motion in a 2022 case.
Santiago Arreola was arrested Dec. 30, 2022, by Cumberland County Sheriff’s Deputy Josh Matthews, who had responded to the area of Eureka Dr. off Hwy. 70 N. on a report of a motorist driving badly in the area.
He found the vehicle parked at a residence, along with evidence the driver had just arrived at the address.
As a result of his observations, Matthews obtained a search warrant to test Arreola’s blood-alcohol content, and Arreola was indicted Oct. 16, 2023, on a charge of DUI per se (blood alcohol content 20% or higher).
Defense attorney Ramon Damas challenged the search warrant, stating certain elements required by law — including evidence the driver was on a public roadway — had not been met.
Damas further argued the presence of others at the arrest scene, along with no admission by Arreola he was driving, did not prove Arreola was the driver.
Matthews said he found Arreola in the driver’s seat when he arrived, and tracks leading from the roadway led him to conclude Arreola was the driver.
It was also noted that a language barrier prevented the deputy from questioning Arreola.
Damas concluded in his argument there was not enough proof Arreola was the driver or was driving on the roadway.
Assistant District Attorney Rachel Bateman countered the totality of evidence at the scene would lead a reasonable person to conclude as to the identity of the driver.
After McKenzie overruled Damas’ motion, he continued the case to Dec. 3.