El Monte, Client 34, 0.15% BAC, Car Accident, AB 541 Program

Our client, age 34, was returning home from a friend’s house, where she had consumed several margaritas.  She drove through side streets to avoid the bigger streets where police might see her.  It was about 2:30 a.m.

As she passed by another car driving the opposite direction, our client’s car came so close to a head-on collision that her driver’s side rear-view mirror was knocked off upon hitting the driver’s side rear-view mirror on the other car.  This resulted in a loud “bang” that momentarily caused our client to realize how close she had come to a major accident. 

She pulled over about a block from where the mutual rear-view mirror shearing off took place.  This was at the corner of Peck Road and a small side street, just blocks from the El Monte Courthouse.  Our client called 911 to report there had been an accident and that no one was injured.  The other car turned around and followed our client to where she had pulled over.

Our client had exited her car and sat on the curb alongside her parked car.  The other driver was also apparently drunk, but less so.  Police came and arrested both drivers.

Our client was taken to the El Monte Police Station where she submitted to a blood test.  She would later find out – about two months later - that her blood alcohol content was measured at 0.15%.

After being released from the El Monte Police Station after signing a promise to appear in the El Monte Courthouse in about eight weeks, she called Greg Hill & Associates and spoke with Greg Hill about her arrest.  She described waking up at the police station and not understanding how she had arrived there.  She explained that she had blacked out upon leaving her friend’s house to drive home.  Police told her that she had been arrested for DUI and hit and run, so she was greatly concerned about what had happened, although she was told that no one was injured.

The client’s biggest concern was losing her job if her employer discovered that she had been arrested for DUI and hit and run. 

The client had suffered a prior conviction for DUI, as well as hit and run arising out of the DUI, when she was 19 years old.  In that case, her BAC was 0.15% (too) and had hit a parked car. 

Greg then explained how a DUI for a person over twenty-one is handled and, in particular, how the district attorneys and judges are generally in the El Monte Superior Court.

The client hired Greg Hill & Associates and Greg then appeared in the El Monte Courthouse for the client’s arraignment.  The young district attorney assigned to the department there gave Greg a copy of the complaint, the police report and the client’s criminal history.

Greg quickly read the police report, seeing that our client’s blood alcohol content was 0.15% and that she had stopped about 150 yards past the point of the collision.  Our client had called 911 first, followed by the driver of the other vehicle.  In addition, our client was allegedly quite argumentative with police, but eventually told them, “Just arrest me, I’m done.  I am drunk.  Take me to jail.” 

The plea bargain offered by the district attorney involved our client pleading to either the Vehicle Code § 23152(a) or § 23152(b) count and that she plea to the hit and run charge (Vehicle Code § 20002(a)) with no jail, but being placed on three years of informal probation on the following terms and conditions: that she enroll in and complete the AB 762 alcohol awareness program (a six-month program), that she pay a court fee and fine of $450 plus penalties and assessments (total of about $2,300); that she perform 20 days of Cal-Trans labor for the hit and run; that she attend 20 Alcoholics Anonymous meetings; that she attend the Mothers Against Drunk Driving victim impact panel and that she pay restitution to the owner of the other vehicle for any amounts not covered by her insurance.

Our client was outraged by the offer including a requirement that she plead guilty or no contest to the hit and run.  She also was concerned that her employer would fire her if she pleaded to hit and run while DUI.

At the next court appearance, Greg discussed the hit and run allegation in depth with the prosecutor, who was a different individual than the prosecutor present at the arraignment.  Greg showed the prosecutor an overhead map of the area where the collision took place and where our client came to a stop.  Greg explained that it was only about 20 seconds after the collision, which was the time needed for our client to realize her car had hit another car and that she needed to stop.  Our client then was the first party to call 911, which demonstrated she wanted to accept responsibility or at least have police come to the location to help sort out what happened. 

The prosecutor agreed and changed the plea bargain to remove the requirement that our client plea to the hit and run.  The prosecutor also deleted the 20 days of community labor and replaced it with four days of community service for the collision only.  He also reduced the court fee and fine to the statutory minimum of $390, plus penalties and assessments.

The client was happy with this change and agreed to accept the plea bargain.

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