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Alhambra DUI, Client Had 0.15% BAC, Military Diversion
In the late evening in December, 2022, our client, then age 39, was returning from a concert in Los Angeles with a friend. The two had consumed some wine with dinner and then more alcohol at the concert.
Suddenly, our client felt a bump to the side of her car and realized she had been side-swiped by another car. The other car then sped away. This took place on the westbound I-10 Freeway near the I-10 / I-710 interchange.
After her car was hit, our client then called 911 and pulled to the side of the freeway and waited for the CHP to arrive. The CHP then arrived, spoke to our client and arrested her for DUI.
At the CHP station, our client submitted to a breath test, where her blood alcohol content (BAC) was measured at 0.15% and 0.16%. She was released after signing a promise to appear for her arraignment at the Alhambra Courthouse in about three months.
After being released, and about a week later, she called Greg Hill & Associates and described to Greg what had happened.
She explained that this was her first arrest and it affected her deeply. Indeed, since that day, she attended Alcoholics Anonymous (AA) meetings twice per week and enrolled in the AB 541 program.
She also looked closer at her drinking and decided to stop drinking entirely. As a personal trainer and single mom, she realized she needed to pay more attention to her health.
As an Army veteran eligible for Veterans Administration benefits, she consulted with the VA and was diagnosed with depression and PTSD. Through treatment with the VA, she learned that this most likely began after a sexual assault when she was in the military, where she served as an enlisted person from 2001 to 2004.
The client then asked what punishment she would face from the court for her DUI. Greg explained that, as veteran, she would be eligible for military diversion under Penal Code § 1001.80. Greg explained how punishment would be relatively light compared to those who are not veterans and that rehabilitation for her was the priority.
Greg commented that in prior motions for military diversion with DUI that were granted, the terms of diversion usually required the client to continue treatment with the VA to receive treatment for the client’s service-related disability (that may have caused the drinking that led to the DUI), to enroll in and complete an alcohol awareness program identical to what a non-veteran would be required to take and possibly take the Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP) and/or the Hospital and Morgue (HAM) program. If a car accident was involved and there was a victim, then the client would be required to pay restitution for any actually incurred expenses by the victim not covered by insurance.
The client then retained Greg Hill & Associates and we prepared a Motion for Military Diversion, attaching our client’s DD-214 proof of military service, as well as a short description of her service-related disability, as well as her efforts to better handle her drinking to prevent such an incident like that involved in this case from reoccurring.
The prosecutor at the Alhambra Courthouse opposed the motion, arguing that this case was an especially bad DUI, citing our client’s BAC and there being a car accident.
The judge did not appreciate the District Attorney suggesting that our client had caused the car accident and asked her if our client was really the victim of hit and run. Without directly answering the judge, she acknowledged that this was true.
The judge then granted the motion, placing our client on two years of military diversion on the following terms: that our client continue treating her depression and PTSD as directed by the VA at the VA; that she enroll in and complete the AB 762 six-month alcohol awareness program with credit for the AB 541 program that she had already completed; that she enroll in and attend the MADD VIP program; and that she enroll in and attend the HAM.
Suddenly, our client felt a bump to the side of her car and realized she had been side-swiped by another car. The other car then sped away. This took place on the westbound I-10 Freeway near the I-10 / I-710 interchange.
After her car was hit, our client then called 911 and pulled to the side of the freeway and waited for the CHP to arrive. The CHP then arrived, spoke to our client and arrested her for DUI.
At the CHP station, our client submitted to a breath test, where her blood alcohol content (BAC) was measured at 0.15% and 0.16%. She was released after signing a promise to appear for her arraignment at the Alhambra Courthouse in about three months.
After being released, and about a week later, she called Greg Hill & Associates and described to Greg what had happened.
She explained that this was her first arrest and it affected her deeply. Indeed, since that day, she attended Alcoholics Anonymous (AA) meetings twice per week and enrolled in the AB 541 program.
She also looked closer at her drinking and decided to stop drinking entirely. As a personal trainer and single mom, she realized she needed to pay more attention to her health.
As an Army veteran eligible for Veterans Administration benefits, she consulted with the VA and was diagnosed with depression and PTSD. Through treatment with the VA, she learned that this most likely began after a sexual assault when she was in the military, where she served as an enlisted person from 2001 to 2004.
The client then asked what punishment she would face from the court for her DUI. Greg explained that, as veteran, she would be eligible for military diversion under Penal Code § 1001.80. Greg explained how punishment would be relatively light compared to those who are not veterans and that rehabilitation for her was the priority.
Greg commented that in prior motions for military diversion with DUI that were granted, the terms of diversion usually required the client to continue treatment with the VA to receive treatment for the client’s service-related disability (that may have caused the drinking that led to the DUI), to enroll in and complete an alcohol awareness program identical to what a non-veteran would be required to take and possibly take the Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP) and/or the Hospital and Morgue (HAM) program. If a car accident was involved and there was a victim, then the client would be required to pay restitution for any actually incurred expenses by the victim not covered by insurance.
The client then retained Greg Hill & Associates and we prepared a Motion for Military Diversion, attaching our client’s DD-214 proof of military service, as well as a short description of her service-related disability, as well as her efforts to better handle her drinking to prevent such an incident like that involved in this case from reoccurring.
The prosecutor at the Alhambra Courthouse opposed the motion, arguing that this case was an especially bad DUI, citing our client’s BAC and there being a car accident.
The judge did not appreciate the District Attorney suggesting that our client had caused the car accident and asked her if our client was really the victim of hit and run. Without directly answering the judge, she acknowledged that this was true.
The judge then granted the motion, placing our client on two years of military diversion on the following terms: that our client continue treating her depression and PTSD as directed by the VA at the VA; that she enroll in and complete the AB 762 six-month alcohol awareness program with credit for the AB 541 program that she had already completed; that she enroll in and attend the MADD VIP program; and that she enroll in and attend the HAM.
Our client was not assessed any fees or fines as a term of diversion. She would avoid a conviction and later be able to have the arrest report and the court file sealed, meaning her criminal history would have the record of her arrest and being prosecuted for DUI deleted from her criminal record. She was very happy with all of this.
