Torrance DUI, Client Has 0.20% BAC, 3-Month Alcohol Class

Our client, age 27, had just enjoyed quite a few drinks at the Southland Bar on Crenshaw Boulevard, just north of the corner of Crenshaw Boulevard and Lomita Boulevard. It was about midnight and lots of people were leaving the bar.

However, he wanted the night to continue, so he ventured out onto Crenshaw Boulevard to go to the Bounty Bar on Hawthorne Boulevard, just north of Torrance Boulevard. It was just about four miles away. What could go wrong?

As he was driving northbound on Hawthorne Boulevard, the traffic light at the intersection of Hawthorne and Carson Boulevard turned red. Our client was swerving quite a bit on the road, according to a police officer who observed our client from perhaps 100 yards to our client’s rear.

As the light turned red, our client came to a stop with his car straddling two lanes, with about four feet of his car in one lane and four feet in the other lane. He was also at an odd angle as if he might try to turn left onto Carson Boulevard (but not from a turn lane) when the light turned green. This position was memorialized on video tape by a Torrance Police Officer’s MVARS (mobile video audio recording system, or “Dash Cam”), who caught up to our client and waited behind him at the red light.

The light turned green, our client straightened out his car and drove quite well within his lane, but the officer decided to activate his overhead blue and red lights to make a traffic stop. Our client pulled into the Denny’s parking lot.

The Torrance Police Officer immediately suspected DUI given the after-midnight time and our client did nothing to rebut this, apparently emitting an odor of alcohol that was quite strong, the officer wrote in his police report.

Our client prudently declined the officer’s request that he submit to a preliminary alcohol screening (PAS) test at the scene, but once at the Torrance Police station just a mile away, he did submit to a breath test. His breath alcohol level was measured at 0.20% on both tests.

The client then spent about ten hours at the Torrance Police station, getting booked and just being held to sober up, before he was released to his not-so-pleased parents.

The following day, the client called Greg Hill & Associates and spoke with Greg Hill. The client described what had happened and asked many questions about what would happen. The client was especially concerned with what might happen to his driver’s license because he was the caregiver for his grandmother, who required frequent trips to her doctors and the client drove her to each such appointment. This was the client’s first DUI.

Greg explained what would probably take place in court, given the high breath alcohol measurement of the client’s blood alcohol content (BAC). Greg explained how the Torrance City Prosecutor’s Office customarily handled high BAC matters in a first-time DUI. Greg also explained how the DMV admin per se hearing would most likely proceed on an excessive BAC case. Greg cautioned that he could not give 100% certain answers because the content of the police report was critical and often there were mistakes or omissions that could help or hurt the client. Greg explained that the MVARS video would also be vital to review to evaluate the reasonableness of the traffic stop.

Greg suggested that the client enroll in the AB 541 three-month alcohol awareness program as a volunteer, as it would most likely be part of any plea bargain, if not a longer program that the client could also satisfy by adding to the AB 541 program later. The client agreed to do this and Greg gave him the phone numbers of several local approved providers.

The client then retained Greg Hill & Associates. A few months later, Greg appeared for the arraignment in the Torrance Superior Court. At that time, the client had already completed the three-month alcohol awareness program, also called the AB 541 program.

Greg looked over the police report and asked the Torrance City Prosecutor there in court to provide a copy of the MVARS recording, as the police report did not otherwise reveal any strong grounds for a reduced charge except possibly an improper traffic stop.

Greg also discussed the case facts briefly with the Torrance City Prosecutor, whose initial offer of a plea bargain included the client enrolling and taking the nine-month, or AB 1353, alcohol awareness program. However, once Greg showed the Torrance City Prosecutor our client’s proof of completion of the AB 541 program, the plea bargain offered was reduced to allow the AB 541 program to suffice. This saved the client approximately $500 in a shorter class, as well as the hassle and time commitment to attend a further six months in classes.

The Torrance City Prosecutor also agree to strike the high BAC allegation under Vehicle Code § 23578.

About two weeks later, Greg received a link via email to the MVARS tape and reviewed the traffic stop from the officer’s point of view. The traffic stop was unmistakably proper, Greg sadly realized. The police report, which often exaggerates or simply fabricates facts, was not inaccurate in this case.

Accordingly, Greg recommended that the client accept the plea bargain offered, as it could not get any better under the facts of this case. The client agreed to thirty-six months of informal, or summary probation (no jail) with an obligation to enroll in and complete the AB 541 program (already done), pay a court fee of $390, plus penalties and assessments (less credit for one day in custody, or $125 credit toward the $390 base fine), plus an obligation to attend the Mothers Against Drunk Driving (MADD) victim impact panel and attend the Hospital and Morgue (HAM) two-day program.

The client was happy to navigate through this process with the least demanding plea bargain obligations under the facts.