JURY CONVICTS RECIDIVIST DUI OFFENDER

Posted: August 20, 2018

People v. Theodore Weisenberger 

Case No. P17CRF0204

JURY CONVICTS RECIDIVIST DUI OFFENDER OF FOUR CHARGES STEMMING FROM TWO FELONY DUI INCIDENTS  

On August 16th, an El Dorado County Jury found Theodore J. Weisenberger, 56, of Diamond Springs, guilty of four counts of felony Driving Under the Influence charges stemming from two DUI incidents that took place in December 2016 and February 2017.  Superior Court Judge Kenneth J. Melikian presided over the case in which the jury convicted Weisenberger of two counts of Driving Under the Influence and two counts of Driving with a Blood Alcohol Level of over .08%. 

The jury also found true an allegation that he drove with a blood alcohol level of over .15%.  The case was continued for sentencing to September 24th in Department 2 of the El Dorado County Superior Court. 

In the first incident that took place on the night of December 5, 2016, Weisenberger was seen driving through the drive thru lane and running over a curb at the Taco Bell in Pollock Pines.  An employee of Taco Bell called 911 to report the activity. El Dorado County Sheriff Deputies were unable to locate the vehicle until several hours later when another caller reported a driver asleep in a vehicle at the Westhaven Inn in Pollock Pines. 

After deputies located Weisenberger in the driver's seat at that location, they noticed he had an odor of alcohol and slurred speech so they referred the investigation to the California Highway Patrol-Placerville Office.  CHP later conducted field sobriety tests and tested his breath for alcohol. Weisenberger's alcohol content reading was found to be twice the legal limit and he was arrested and subsequently posted bail.  

Wiesenberger was later involved in a second DUI incident that took place on Super Bowl Sunday in February 2017.  During that incident, Weisenberger, who was out on bail, was observed driving over the center divider line by a witness following his vehicle on Cameron Park Drive near the Cameron Park Airport.  The witness took a picture of his license plate and relayed the information to the California Highway Patrol-Placerville Office who located Weisenberger on Highway 50 and pulled him over.  Weisenberger was again determined to be under the influence and taken into custody.  He remains in custody pending sentencing. 

Due to a DUI history involving prior convictions and the fact he has served two prior prison terms, as well as an enhancement for committing an offense while out on bail; Weisenberger faces a 7 year, 8 month State Prison commitment.  The case was tried by El Dorado County Deputy District Attorney Michael Pizzuti who is assigned to vertically prosecute serious DUI cases for the El Dorado County District Attorney's Office as part of a traffic grant from the California Office of Traffic Safety.