Public Defender Claims Uber Not Complying with Subpoena, Delays Proceedings in DUI Case

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By Gabriel Eskandari

WOODLAND, CA. – Mobility service provider Uber isn’t complying with subpoenas, delaying court proceedings for Alejandro Hernandez, charged Deputy Public Defender Daniel Hutchinson Monday during a pretrial conference in Yolo County Superior Court.

Hernandez is facing misdemeanor DUI (driving under the influence) charges stemming from a Sept. 28, 2019, incident. He was not present in the courtroom, but PD Hutchinson, representing Hernandez, was insistent Uber was harming his client.

“Uber is not complying with my subpoenas … This was a case where we subpoenaed Uber and Lyft records. Lyft responded very quickly, Uber has not,” PD Hutchinson said.

PD Hutchinson said that while Uber did respond with an email saying that it was being processed, he sent a follow up email last week and has not received a response from Uber yet.

“Ultimately, I may have to just set this for trial with or without the records, but I would like one further opportunity to try to get the records,” said PD Hutchinson, adding, “They’re critical to this case.”

The Vanguard reached out to PD Hutchinson for context regarding the need for the records, and he stated that “there is a dispute of fact as to whether a witness drove a vehicle from a location, or took an Uber or Lyft from the location.”

Judge Peter M. Williams asked PD Hutchinson if Uber has given him a reason for why it is not giving him the records. PD Hutchinson said Uber has not.

Judge Williams then asked if PD Hutchinson had considered doing an order to show cause to obtain the records. PD Hutchinson said that he would not be sure who to hold in contempt because the subpoenas were served on Uber as a whole, and that he would rather have Uber comply with the subpoena.

PD Hutchinson asked to continue the pretrial conference in four weeks, and said he will keep following up with Uber in the meantime. Deputy District Attorney Jordan Greenberg said that would work for him.

The next pretrial conference was scheduled for Nov. 24 at 9 a.m.

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About The Author

Gabriel is a recent graduate of UC Davis. He majored in Political Science.

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