On February 19, 2012 and May 26, 2012, respectively, two males of Filipino descent committed driving under the influence of alcohol (DUI) as first offenders in Glendale, California.
The Mercedez Benz of the first Filipino driver was subjected to enforcement stop by the Glendale Police Department for swerving within its lane.
The Honda of the second Filipino driver entered a DUI/Driver’s License check- point in the City of Glendale, conducted near the intersection of Brand Boulevard and Vassar Street, by the City of Los Angeles Police Department Emergency Operations Division, assisting the City of Glendale Police Department.
Both Filipino drivers exhibited odor of alcohol, red, watery eyes, and slow, slurred speech. They did not pass a series of Site Field Sobriety Tests (SFSTs).
Arrest and Blood Alcohol Concentration (BAC)
Based on the observations of the police officers and the results of the SFSTs, both Filipino drivers were arrested for violation of Vehicle Code Section 23152(a) driving under the influence of alcohol. Both were also read the chemical admonision, and both provided breath samples.
The first Filipino driver had a BAC of .13/.13. and the second had BAC of .16/.16. The first also had his blood sample taken at Glendale Memorial Hospital, which showed BAC of .13.
A BAC of .15 or above results in enhancement of the alcohol treatment program from AB 541 First Offender of three (3) months to AB 762 First Offender of six (6) months.
Plea bargaining, waiver of Constitution Rights, and sentencing
This Author represents both Filipino drivers each accused of two counts of misdemeanor: Count 1 in violation of Vehicle Code Section 23152(a) on driving while under the influence of an alcoholic beverage and Count 2 in violation of Vehicle Code Section 23152 (b) on driving while having a 0.08% or higher blood alcohol.
On July 26, 2012, this Author plea bargained the case of the second Filipino driver with Deputy District Attorney of the LA County, Sam Abourched, prepared the advisement and waiver of rights and plea form for DUI First Offender, and asked Com. Nori Anne Walla of Department 1 to sentence the defendant.
DUI sentence for both drivers
Accordingly, the second Filipino driver was sentenced to: suspension of sentence, one day credit, thirty-six months of summary probation, fine of $ 390 plus penalties and assessments, and enhanced alcohol treatment program for six months (AB 762 First Offender, $ 683.00 enrollment fee).
On July 27, 2012, this Author likewise plea bargained the case of the first Filipino driver with Deputy District Attorney of LA County, Elizabeth Karb, prepared the advisement and waiver of rights and plea form for DUI first offender, and asked Com William V. McTaggart of Department 2 to sentence the defendant.
Likewise, the first Filipino driver was sentenced, to: suspension of sentence, thirty-six months of summary probation, one day credit, fine of $390 plus penalties and assessment ($1,757.00 total) and regular alcohol treatment program for three months (AB 541 First Offender, $473.00 enrollment fee).
Both Filipino drivers were given six months by the Commissioners to complete their alcohol treatment programs and fully pay their fines, penalties, and assessments.
Don’t drink and drive!
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The author, Roman P. Mosqueda, has practiced immigration law and criminal private defense for over 20 years. He is a long-time member of AILA and of the California Public Defenders Association. Send comments to [email protected] or call (213) 252-9481 for a free consultation appointment, or visit his website at www.mosquedalaw.com to read his other articles/books.