Chargers doctor steps down

David Chao, the team doctor for the Chargers, stated this Thursday that he’ll be stepping down. He’s been with the team for 17 seasons.

Chao said he wants time to spend with his wife and children, and also has a back injury that will require him to get surgery this month. He said his time spent with the Chargers has been great, and said he wouldn’t trade it for the world.

However, controversy has surrounded Chao’s time with the Chargers. In the past few years, it has been reported that he has had two drunk driving citations, several medical malpractice lawsuits, a public reprimand from the California medical board, and an investigation into his record keeping by the Drug Enforcement Agency. Additionally, at a Super Bowl news conference in January, some New Orleans official demanded that Chao be replaced.

However, the Chargers stand by their doctor, saying that he was part of the team.

Missouri v. McNeely

“On September 25, 2012, the United States Supreme Court in the case of Missouri v. McNeely, (Case No. 11-1425) http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-1425.htm granted a Writ of Certiorari and will likely decide early next year in their scheduled 2012-2013 docket whether a law enforcement officer must first get a warrant before taking a blood sample from a suspected drunk driver who has not previously given consent.

The underlying trial court ruled the warrantless blood sample violated the defendant’s Constitutional right to be free from an unreasonable search and seizure. The State appealed and the decision was reversed. The case then proceeded to the Supreme Court of Missouri where the State continued its argument of the “exigent circumstances exception” to the Fourth Amendment of the U.S. Constitution warrant requirement, on the grounds that alcohol quickly dissipates in the bloodstream while police must wait for a warrant. The Missouri Supreme Court rejected this contention and supported the trial court’s holding.

The American Civil Liberties represented the driver who was charged with a DUI. Among other things, the ACLU noted there are 27 states that ban nonconsensual blood samples from being taken without a warrant. However, California is not included in any such ban per the case of Schmerber v. California, 384 U.S. 757 (1966), which not only addressed the Fourth Amendment, but also ruled the withdrawal of blood is not a violation of one’s privileged against self-incrimination under the Fifth Amendment.”

SAM SPITAL

San Diego baseball player involved in alleged DUI hit-and-run

Matt Bush, a San Diego native and aspiring professional baseball player was reportedly involved in a series of hit-and-run accidents last month, which resulted in the serious injury of a motorcyclist. This is just the latest of a series of similar incidents for the 26-year-old, who has seen his once-promising baseball career stall as a result of his issues with alcohol.

According to police reports, the series of alleged DUI accidents began when Bush crashed a teammate’s SUV into another vehicle. The driver of the second vehicle later told police that he had been hit by a SUV matching the description of the one driven by Bush, which had backed up at a red light to make an illegal U-turn following the crash.

Later that day, the same SUV crashed into the back of a motorcycle, causing its 72-year-old rider to suffer serious injuries. Bush reportedly fled that scene as well.

He was later apprehended by police, at which time he told police that he had been involved in yet another accident, in which he had collided with a pole, between the crash with the first vehicle and the motorcycle. Bush was arrested and charged with multiple criminal offenses in connection with the series of alleged DUI hit-and-run accidents. In addition, the motorcyclist reportedly plans to file a personal injury lawsuit against Bush and the owner of the SUV involved in the crashes.

The arrest is just one in a line of alcohol-related incidents that have derailed Bush’s once-promising professional baseball career. In 2004, Bush was the top overall pick in the MLB draft, but has spent the last two years playing for a minor league team after multiple ‘reported alcohol issues.’ Hopefully, he is able to get these issues under control and get back to his former and future baseball success.