Last Updated on January 16, 2023 by C-CAR
POMONA >> A DUI case against a 23-year-old man was dismissed Friday after a jury deadlocked and a mistrial was declared, the man’s attorney said.
The jury deadlocked 9-3 in favor of declaring Max Seeget not guilty and the prosecutor dismissed the case, said attorney David Diamond.
Diamond said jurors did not believe the testimony of a Pomona police officer who said Seeget refused to take a test to measure the alcohol level in his client’s body early on May 11, 2014.
During closing arguments Diamond said his clients was never asked to undergo a test.
Seeget, who lives near Mt. San Antonio College, was at home and had a drink while he was studying for an advanced credential when he decided to go out and purchase fast food, Diamond said.
Seeget followed GPS instructions to a fast food restaurant in Pomona when he came to DUI checkpoint around 1:30 a.m., the attorney said.
During closing arguments the prosecution said Seeget ran a stop sign at the checkpoint but Diamond said Seeget simply rolled through the stop.
Diamond said he will submit a complaint to the Pomona police internal affairs office seeking an investigation of the officer who handled his client’s case. The officer committed perjury when he testified he gave Seeget the opportunity to undergo a test to check how much alcohol was in his system when he was asked to undergo the test, Diamond said.
