Client from Mongolia, Wet Reckless, Car Crash Redondo Beach

In early October, 2023, our client, age 26, went to a friend’s apartment in Redondo Beach to have dinner and just watch television with her friend and several others.  Our client was an exchange student from Mongolia.  She was in the United States to learn English.  Her friend was also from Mongolia.

After dinner and one or two beers, the client got in her car to drive back to her apartment in Gardena.  It was about 1:45 a.m.  As she was driving eastbound on Camino Real (which becomes Sepulveda Boulevard), she followed her onboard navigation system.  She had no passengers.

As she drove alongside the southwest side of Wilderness Park in Redondo Beach, her navigation system instructed her to turn left.  Our client did so, turning into the driveway of the park and crashed into the chain linked fence used as a gate to the park after hours.

Our client was confused with what just happened.  She then called a friend, who spoke Mongolian, who immediately came to the scene.

Minutes later, the Torrance Police Department arrived at the scene, too, only to transfer the investigation over to officers from the Redondo Beach Police Department.  At the scene, she was asked what had happened and she just cried, mostly from anxiety.  Her friend tried to explain to officers that she did not speak English, and to tell them what she told him, but officers directed him to stand away from them.

Officers allegedly asked our client if she had been drinking because they allegedly detected the odor of alcohol.  Our client allegedly answered that she had one or two beers.

Officers also allegedly asked her if she would submit to a preliminary alcohol screening (PAS) test at the scene and she allegedly refused.  The Client was then transported to the Redondo Beach Police Station.  

Once at the station, she was allegedly asked to submit to a breath or blood test and refused.  No warrant was obtained to draw her blood.  

She then stayed at the station for several hours before being released after signing a promise to appear in the Torrance Superior Court about three months later.

The client then called Greg Hill & Associates about three weeks later and met with Greg the same day.  The client brought her friend, who translated for her.  The friend explained that the client did not recall being asked to submit to a breath or blood test.  She was otherwise cooperative with police throughout. 

Our office then reserved a DMV hearing for the client while she was discussing her case with Greg Hill.  The client was worried about serving time in jail, as she was concerned about not being able to read most English and feared being in a cell with violent people. 

 

Greg explained how most “refusal” cases are handled in the Torrance Superior Court by the Redondo Beach City Prosecutors’ Office, who would prosecute the case.  A “refusal” case refers to a case wherein our client refused to submit to a breath or blood test.  Greg also explained how the client’s driving privileges would be suspended by the California Department of Motor Vehicles because the had not reserved a DMV Hearing within ten days after her arrest.  

Our office did, however, try to reserve such a hearing, explaining that the client’s language difficulties prevented her from reading and understanding the notice to her about such a hearing on the temporary license.  The DMV, however, refused to agree to set a DMV hearing. 

Greg explained to the client and her friend that the police officer should have called dispatch and requested a Mongolian translator, particularly for the admonition part of the police investigation.  The admonition is when the officer advises the client of his or her obligation to submit to a breath or blood test and explains the possible penalties for refusing to submit to one of the tests.

The client then did retain Greg Hill & Associates and Greg appeared on the client’s behalf in the Torrance Courthouse for the arraignment.  Greg read the police report with some amusement because the reporting officer described our client as being Samoan, meaning he never understood she was from Mongolia and understood no English.  The officer also clearly falsified the report because he described a conversation he had with our client in English, which would have been impossible.

The client was charged with a misdemeanor violation of California Vehicle Code § 23152(a) (“Driving While Impaired by Alcohol”) with a Vehicle Code § 23612 (“Refusal to Submit to a Breath or Blood Test”).

Over several appearances in the Torrance Superior Court, Greg was eventually able to resolve the case for a wet reckless (Vehicle Code § 23103 pursuant to Vehicle Code § 23103.5).  This meant the client would not have a driver license suspension from the conviction.

However, Greg explained to the client, for immigration purposes, that a “wet reckless” could be problematic for a person seeking to become a U.S. citizen, a naturalized citizen, a permanent resident or seeking to renew one’s visa.  The client responded that she did not want to remain in the United States and was not interested in becoming a citizen.  She was eager to return to Mongolia, so she accepted the wet reckless resolution.

The terms included one year of informal probation and an obligation to enroll in and complete the three-month outpatient alcohol awareness program (the “AB 541 program”), to pay a court fine of $150, plus penalties and assessments, and an obligation to enroll in and complete the two-hour Mothers Against Drunk Driving (MADD) victim impact panel.  She also was responsible for payment to the City of Redondo Beach for any repair costs to the fence she ran into at Wilderness Park.