Orange County District Attorney Press Release
For Immediate Release, Case # 13HM00979, March 13, 2013
NEWPORT BEACH – A Lake Forest City Council member is scheduled to be arraigned tomorrow for driving under the influence of alcohol with a blood alcohol content of .18 percent, more than twice the legal limit. Peter Alan Herzog, 57, Lake Forest, is charged with one misdemeanor count of driving under the influence of alcohol and one misdemeanor count of driving with a blood alcohol level of .08 percent or more with a sentencing enhancement allegation for having a blood alcohol level of .15 percent. If convicted, Herzog faces a sentence ranging from probation up to six months in jail. He is scheduled to be arraigned tomorrow, Thursday, March 14, 2013, at 8:30 a.m. in Department H-8, Harbor Justice Center, Newport Beach.
At approximately 8:15 p.m. on Nov. 17, 2012, Herzog is accused of making a left turn from Portola Parkway onto Lake Forest Drive and driving on the wrong side of the road. The defendant is accused of driving over the center median to get back on to the westbound lanes. Herzog is then accused of making a wide left turn from Lake Forest Drive on to Regency Lane and hitting the right side of the curb. The defendant is accused of crossing into the opposing lane of traffic swerving back and forth across lanes until he arrived at his home.
Motorists reported the driving to the Orange County Sheriff’s Department, who investigated this case, and arrested the defendant at his home. The defendant is accused of displaying objective signs of intoxication including bloodshot and watery eyes, slurred speech, strong odor of alcohol, and unsteady balance. At approximately 10:30 p.m., the defendant is accused of having a blood alcohol content of .18 percent.
Deputy District Attorney Joe Koller is prosecuting this case.
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
Susan Kang Schroeder
Chief of Staff