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Herzog's Arraignment Delayed 2 Weeks

Lake Forest city councilman Peter Herzog, charged with DUI, will wait a bit longer for his first court appearance.

Lake Forest city councilman Peter Herzog's first court appearance on drunken driving charges was rescheduled Thursday for later this month.

An attorney and former mayor, Herzog is now set to be arraigned March 28 at Harbor Justice Center in Newport Beach; he has been charged with one misdemeanor count of driving under the influence of alcohol and driving under the influence of alcohol with a blood-alcohol level above .08 percent, with a sentence-enhancing allegation of having a blood-alcohol level exceeding .15 percent.

Herzog, who served as Lake Forest's mayor for six one-year terms among his 19 years on the council, was charged Jan. 24 and could face up to six months in jail if convicted, according to Farrah Emami of the Orange County District Attorney's Office. He was arrested at home on Nov. 17 after motorists called sheriff's deputies to report he had been driving erratically, she said.

About 8:15 that night, it is alleged that Herzog made a left turn from Portola Parkway in Mission Viejo to Lake Forest Drive in Lake Forest on the wrong side of the road, then swerved over the center median to get back onto the westbound lanes, Emami said.

Herzog, 57, is also accused of making a too-wide left turn from Lake Forest Drive to Regency Lane, hitting the right side of the curb in the process, according to the District Attorney's Office. He allegedly veered into the opposite lane and weaved back and forth until he got home.

Investigators measured Herzog's blood-alcohol level as .18 percent, more than twice the legal limit, as of 10:30 p.m. the night he was arrested, according to prosecutors.

Deputy District Attorney Joe Koller is prosecuting this case.

—City News Service

JustUs March 15, 2013 at 10:25 PM
This story got me thinking. Maybe someone with more knowledge can shed some light on a plausible scenario. Let's say some wannabe cop (call him Person #1) was scouring the streets for criminal activity. And let's say he paces another vehicle on the street, driven by Person #2, doing 50 mph in a 35 mph zone. And let's say as Person #2 drives home he made an illegal turn over a double-yellow line. Now, let's say that Person #1 calls 911 from outside the home of Person #2 to report an unsafe driver. Would a cop actually show up to Person #1's home, knock on his door and inquire about his driving habits, and perhaps cite him for going 50 in a 35 and crossing over a double-yellow? Let's examine 2 scenarios: One with video evidence and one without. Would that make any difference anyway? Btw, I don't want to throw a monkey wrench into the machinery, but if the cop cited Person #1 for going 50 in a 35 would he have to cite Person #2 as well since he admitted to pacing Person #2 @ 50 mph? Thanks any information you can provide here.
Robert Curtis March 16, 2013 at 08:54 PM
It disturbs me that the media puts so much attention on our city councilman. If the guy has been elected so many times and served the community well for so many years shouldn't he be given a little slack? If any one of us were to have gotten a DUI it would not be made so public. Don't state it's justified because he's in public office! His position of responsibility is more him giving to the community and us taking from his giving yet we hang the guy from the highest tree for a DUI. Yes, he was wrong to drive intoxicated but how many of you have done the same thing without getting caught? (equally wrong). Putting into perspective.
SoCal103 March 21, 2013 at 11:43 PM
He has been involved in an anti drinking and driving program at El Toro High School called "Every 15 Minutes" at least twice. We SHOULD expect more from him when he's asking his children and other children to not drink and drive. I give him no slack.

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