Van Nuys, Car Accident, 0.18% BAC, 3-Month Alcohol Program

Our client, who had just turned 39, was out with his friends celebrating his birthday. They met at a bar in Northridge and paid for his drinks, so our client had a bit more than he otherwise would have.

Just before 2:00 a.m., the group adjourned for the night and everyone went their separate ways home. Our client had a craving for fast food, so as he was driving home, he stopped in at Bill’s Burgers on Oxnard Avenue. He got a burger, fries and a Diet Coke to go.

As he was driving Eastbound on Oxnard Avenue, he was enjoying some fries and did not realize the traffic light facing him at the intersection with Van Nuys Boulevard was red. Our client ran the red light, colliding with the right rear corner of another car. Our client’s airbags inflated.

Luckily, no one was hurt.

The other car was carrying two people, who were quite upset at our client. They both immediately demanded he pay them money for the damage to their car and, according to our client, seemed aggressive when our client instead suggested he call the police. Our client knew he might be arrested for DUI, but he knew he’d rather be arrested for DUI than beat up.

Officers of the Los Angeles Police Department arrived and allegedly detected the odor of alcohol emitting from our client. They asked if he had been drinking and he stated he had consumed two beers earlier in the evening.

Our client then submitted to a preliminary alcohol screening (PAS) test at the accident scene. The PAS device measured his blood alcohol content (BAC) at 0.16%. He was promptly arrested.

Our client was then taken to the Valley Division office of the Los Angeles Police Department, which was just a half-mile from the accident scene. The Valley Division station is just 100 yards from the Van Nuys Superior Court.

Once at the station, our client was booked and submitted to two further breath tests on the breath test machine there. His breath was measured at 0.18% BAC in each test. After a few hours of waiting, he was released to his parents after he signed a promise to appear in the Van Nuys Superior court about three months later.

The client then called Greg Hill & Associates, as Greg Hill had represented his cousin recently.

The client described the case facts to Greg and explained that he was a bit concerned about the effects of a conviction for DUI on his state-issued professional license as a drug and alcohol abuse counselor. Greg agreed that there could be some negative consequences, so Greg referred him to an attorney who specialized in state-issued licensing issues.

Greg also explained how the criminal case would most likely proceed in the Van Nuys courthouse with the Los Angeles City Attorney as the prosecutor, based on the location of the arrest. Greg also explained how the DMV would evaluate suspending his license in a parallel DMV Hearing procedure.

The client then retained Greg Hill & Associates and our office reserved the DMV Hearing for our client and wrote the appropriate letters to the Los Angeles Police Department, the Los Angeles City Attorney’s Office and the DMV requesting copies of the traffic collision report, the LAPD DUI Investigation Report, the Age 21 and Older Officer’s Statement (also called the DS-367), and all videos and photographs related to the case.

Greg then appeared in the Van Nuys Superior Court and negotiated a resolution with the Los Angeles City Attorney. While the ultimate terms took four hearings to iron out, they were very light for a car accident and a 0.18% BAC: no jail, three years of informal, or summary, probation with an obligation for our client to pay a court fine of $390 plus penalties and assessments (less credit for one day in custody, for a total of $1,420), enrollment in and completion of the three-month, 39-hour alcohol awareness program (called the AB 541 program, which our client had already finished), performance of 100 hours of community service (for the traffic collision) and payment of restitution to the owner of the other car in any amount not paid for by his insurance.

The client was very happy with this resolution.