Fullerton DUI, 0.13% BAC, Client Asleep on 57 Freeway

One late evening (perhaps better described as very early morning) in January 2022, our client, then age 27, stopped her car in the slow lane of the I-57 Freeway, while near the Lambert Road in Brea, and fell asleep.  Her car did not run out of gas, as it was a Toyota Prius. 

Our client was simply tired and, since it was nearly 4:00 a.m. she decided to stop and nap.  She had also consumed many beers earlier in the evening and was quite intoxicated.

However, she was in the slow lane of traffic on a normally very busy interstate freeway.  She did not even pull over to the parking lane.  Our client was alone in her car.

A passing motorist luckily called 911 and the CHP arrived before our client was rearended by perhaps another driver, particularly a drunk driver who may not have even applied the brakes before impact.  The CHP noticed that our client had left her car on and had her foot on the brake.  Officers had a hard time waking up our client, but eventually did without having to break a window. 

The CHP immediately noticed that our client had the odor of alcohol and asked her if she had been drinking.  The client denied drinking anything earlier in the evening and agreed to submit to a blood test.  The blood test results later showed her blood alcohol content (BAC) to be 0.13%.

The client was held by the Orange County Sheriffs for a few hours before being released upon signing a promise to appear in the Fullerton Superior Court about three months later.

A week before her arraignment, the client called Greg Hill & Associates and spoke with Greg.  She described what had happened and told Greg that she was advised by the DMV not to reserve a DMV Hearing, so she did not.  Greg explained that this terrible advice meant her license was already suspended automatically and would be for 120 days from 30 days after her arrest, but that she could apply for a restricted license after 30 days of actual suspension, which had already passed. 

The client then asked and Greg answered to the client how a DUI generally is handled in the Fullerton courthouse, either by the Orange County District Attorney or the Fullerton City Attorney.  Greg discussed the mandatory DNA sample that used to be unavoidable in Orange County, but was now becoming more and more often avoidable if one accepted an offer from the judge.

Our client advised Greg during the call that she was in Las Vegas attending flight attendant school, so she asked how she would take the DUI courses in person if she were living in Nevada.  Greg then explained how she could apply for a 1650 waiver with the DMV and how the DMV in California would most likely grant her a once-in-a-lifetime exemption from the in-person DUI class requirement, meaning she could complete the DUI class online (not in person in California) and get credit for this with the DMV.  Greg explained that Tom Wilson Counseling was the online program most courts accepted, as did the DMV.

The initial plea bargain offered to our client involved a requirement that she enroll in and attend the AB 762 program due to her 0.13% BAC and her falling asleep behind the wheel and stopping on a freeway.  The District Attorney handling the case remarked how lucky our client was not to be involved in an accident.  The client would also have to pay a court fine of $390, plus penalties and assessments (total of just over $2,000) and provide a DNA sample.

The judge then called the case and Greg asked for an indicated from the judge.  A sidebar followed, during which Greg explained the facts of the case, and the District Attorney explained why he regarded the case as quite serious.

The judge seemed to think that the case was not quite as bad as the District Attorney portrayed it and stated that his offer to resolve the case would involve just a three-month DUI course (the AB 541 program), the $390 court fine and no DNA. 

While our client had hoped for a “wet reckless,” as she has read online about DUI (but Greg tried to explain why this would not be possible with her case facts), she eventually agreed to the court’s offer.

Fortunately, she did not have to apply for a 1650 waiver and use that one-in-a-lifetime allowance because she failed out of flight attendant school and moved back to Los Angeles County from Las Vegas. 

The client was happy that Greg improved the terms of the plea bargain from what the District Attorney had offered.

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