Client Caught Climbing Lifeguard Station, Hermosa Beach

Our client, age 27, was observed climbing a lifeguard station along Hermosa Beach by a man out walking his dog at about 3:30 a.m. one Saturday morning in September.  The lifeguard station was several blocks north of the Hermosa Beach Pier Plaza area.

Hermosa Beach officers went to the scene and found our client climbing the station and told him to come down.  He did. 

Officers allegedly smelled the odor of alcohol immediately and asked him where he was.  Our client allegedly said Long Beach.  When asked where he was from, he said Texas and added, “I have no way of getting home.”  Police then asked him for his driver’s license and our client provided it, which stated his residence was in New Mexico.

Officers then took our client into custody on suspicion of violating Penal Code § 647(f), public intoxication.  He stayed at the Hermosa Beach Police Station for several hours.

When he was released, he signed a promise to appear in the Torrance Superior Court about three months later.

About two months later, the client called Greg Hill & Associates and told him about his ticket.  He did not recall what events led up to the arrest, as he was “blacked out” from drinking too much alcohol (the facts above are from the police report).  He wanted to know what he needed to do to represent himself in court.

Greg explained how such cases are generally handled in the Torrance Superior Court, but added that over time, how such cases were resolved has changed.  Greg recommended that the client attend at least ten Alcoholics Anonymous (AA) classes prior to the arraignment date and then email Greg his attendance log that Greg could then take to court to show the Redondo Beach City Prosecutor.  Showing that our client had attended such meetings suggested the client was interested in overcoming his alcohol abuse and therefore, any resolution could be on relatively easy terms because the client already was motivated to understand alcohol abuse.

The client called Greg Hill & Associates from Texas and explained that he worked enormous hours in the construction business, so finding time to attend AA meetings, which are free and can be attended via Zoom from one’s home, might be tough.  Greg commented that perhaps he could find time when the weather led to a day off as is common in the construction business, for example when it is raining too hard for construction work to proceed for the day.  The client agreed to attend such meetings.

The client then retained Greg Hill & Associates and Greg appeared on the client’s behalf in the Torrance courthouse for the client’s arraignment.  The client remained in Texas.  He had attended no AA meetings prior to the arraignment, much to Greg surprise since he and Greg had discussed the importance of attending ten or more meetings to help negotiate.

Greg then received the police report and read what the Hermosa Beach police officer wrote about the arrest.  Greg then discussed resolution with the Redondo Beach City Prosecutor assigned to the courtroom.  She agreed to judicial diversion for the client with an obligation that our client attend 26 AA meetings, stay away from Hermosa Beach for six months and obey all laws.

Judicial diversion, as the reader of this summary may know, is a program provided for under Penal Code §§ 1001.94 and 1001.95, wherein the judge orders the proceedings suspended and the defendant is then ordered to complete certain obligations determined by the judge.  The program is available for all misdemeanors, except domestic violence (both Penal Code §§ 273.5(a) and 243(e)(1)), stalking (Penal Code § 646.9) and any misdemeanor offense requiring registration as a sex offender (under Penal Code § 290.05) if convicted.  If the defendant successfully completes diversion, the judge orders the case dismissed.  Defendant, if arrested or detained on the matter (i.e. not brought to court on only a letter to appear) thereafter is eligible to have the matter sealed under Penal Code § 851.91, erasing the record of the arrest or detention from his or her record, as well as the record of the case having been filed, except for law enforcement employment purposes.

Greg, however, asked the Redondo Beach City Prosecutor if she would agree to informal diversion instead so our client would not have to pay the $100 judicial diversion fee.  The Redondo Beach City Prosecutor kindly agreed.

Our client was very happy with this resolution and promised to attend the 26 AA meetings ASAP.