El Cajon Court DUI, Client With Class A License, 99 m.p.h.

Our client, age 33 and a Class A (commercial) driver’s license holder, went to a birthday party for a family friend in downtown San Diego. Our client lived in Redlands, so he got a hotel room in a hotel about ten miles north of downtown.

At the party, our client enjoyed a few beers, but was careful not to drink too much. He had previously been arrested in Northern California for DUI when up there for a similar party and Greg Hill had represented him in San Mateo County Superior Court. Luckily, in that case, a few years earlier, Greg was able to have all DUI charges dismissed and our client merely pled to a driving on a suspended license charge.

After deciding to leave the party, our client and a female friend drove north from San Diego on the 163 Freeway, before turning right and heading east on the 8 Freeway. A marked CHP officer parked along the side of the road allegedly measured our client traveling at 99 miles per hour within a 65 mile per hour zone. The officer immediately accelerated to catch up to our client, who he eventually pulled over several miles later near El Cajon.

Our client was cooperative with the CHP officer, but refused to submit to a preliminary alcohol screening (PAS) test, as is his right under Vehicle Code § 23612(i). However, upon refusing to so submit, he was immediately arrested and taken to the El Cajon Police Station.

Once at the El Cajon Police Station, our client submitted to a blood test, which measured his blood alcohol content (BAC) several weeks later at 0.1232% and 0.1236%.

After having our client in the El Cajon jail for several hours, he was released with a promise to appear in about three months at the El Cajon courthouse.

The client then called Greg Hill and described what had happened. The biggest thing that Greg explained to the client was that his speed of 99 miles per hour meant the prosecutor could charge our client with a violation of Vehicle Code § 23582, which applied when a driver was DUI and 30 miles per hour over the speed limit on a freeway (or 20 miles per hour above the posted speed limit on any city street). If convicted of violating 23582, our client had to serve a minimum of 60 days in county jail.

The client also mentioned that he did not know what his BAC would be because he provided a blood sample.

Greg then explained what the first-time offender plea bargain would most likely be, based on the Vehicle Code. He also explained that the client’s Class A license would be suspended for one year with a DUI conviction, but his Class B license would be suspended for just 150 days after a conviction (and he could get a restricted license immediately with installation of an ignition interlock device in his personal car (not his commercial vehicle).

Greg then appeared in the El Cajon Courthouse for the arraignment. The young prosecutor there was exceedingly nice, stating that he would agree to a plea bargain wherein he would strike the 23582 allegation and our client would then have to otherwise plead to a violation of Vehicle Code § 23152(a) or Vehicle Code § 23152(b). He would thereafter be placed on five years of summary (or informal probation), with the following obligations: 1) enroll in and complete the AB 541 alcohol awareness program; 2) pay a court fine of $390, plus penalties and assessments (total of about $2,050); 3) enroll in and complete the Mothers Against Drunk Driving (MADD) victim impact panel; 4) perform 40 hours of volunteer work service; and 5) attend substance abuse counseling in San Diego County. As to requirements 4 and 5, the DA stated he would most likely strike such requirements when our client entered the plea as long as he presented some mitigating documents such as award, certificates, letters of appreciation or photos showing community involvement, volunteer work, or family support, particularly in his children’s activities.

Greg returned to his Torrance office and then prepared an email to the client about the proposed plea bargain, explaining what the client needed to do to lock in the lowest terms possible.

The client was extremely happy to avoid serving 60 days in San Diego County Jail and accepted the plea bargain. He thereafter provided photographs of him with his children and one certificate of appreciation from his employer recognizing him as “Employee of the Month” recently.

Greg then returned to the El Cajon Courthouse about six weeks later and entered the plea on the client’s behalf.