Manhattan Beach, Under Age 21, BAC 0.16%, Car Crash

Our client, age 18, was charged with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor, and one count of violation of driving while having a 0.08% or higher blood alcohol level (Vehicle Code Section 23152(b)) after she passed out and ran her car into a parked car.  Both cars were totaled.  Our client had a 0.16% blood alcohol content (BAC).  The collision occurred in Manhattan Beach near Mira Costa High School.
Without All the Details, What Happened?:   Manhattan Beach, Client Under Age 21, BAC of 0.16%, Collision with Parked Car.
Our client, a freshman at an elite East Coast university while home on winter break, admitted to drinking one beer before the accident.  She failed her field sobriety tests at the scene.  It was quite obvious that she probably drank one beer several times before the accident.

Officers then administered the Preliminary Alcohol Screening (PAS) Test at the scene without observing our client for fifteen minutes, which is a violation of California law (see Title 17, Section 1219.3 and People v. Sandra Molenda (2009) 172 Cal.App.4th 974).  However, our client also provided a blood sample, which was obtained legally, so it was unlikely that proof of our client’s intoxication level could be ruled inadmissible.

“Damage control” and getting the best plea bargain for our client became the objective in this case once Greg Hill & Associates was retained.  The case was filed in Torrance.

As the client was underage, had a BAC above 0.15% and was involved in a collision, the District Attorney’s first offer involved a nine month alcohol awareness program (AB1353).  To help with negotiations, Greg Hill encouraged the client to enroll herself in an alcohol awareness program back on the East Coast while the case was still progressing.  The client did so and also provided an extensive “Good Gal” packet which showed her high rehabilitation potential.  This packet included her high school diploma, her high school transcript, photocopies of her awards earned in high school, photographs of her participating in high school sports and letters of recommendation she used in being admitted to the great college she was attending.

After many court hearings and protracted negotiations, the District Attorney agreed to allow our client to plea bargain terms which included attendance in the three month AB541 program, rather than the nine month AB1353 program that she would ordinarily be required to attend based on her BAC.  The client was very satisfied with this concession from the DA, as she was able to complete the program in California over the summer before returning to the East Coast for school in the fall.   This prevented disruption of her college classes, as it would have been very time consuming simply to drive back and forth to such classes in the city on the East Coast.

Our client also was ordered to pay fines of $390, plus penalties and assessments, to attend a Mothers Against Drunk Driving class, pay restitution to the owner of the parked car, and be on 36 months of summary probation.

For more information about a first-time DUI, being under 21 and a civil compromise to address property damage in a DUI-related car accident, click on the following articles:
  1. What Punishment Do I Face for First-Time DUI?
  2. What Is a Motion for Civil Compromise?
  3. Underage DUI Is Not Similar to a Juvenile Offense for Sentencing in a Later Drug Case
Watch our video about DUI by clicking here.
 
Contact us.
Client Reviews
Thank you so much for putting so much effort in this case. We really appreciate it and we are happy that all turned out well.
★★★★★
Greg Hill did an outstanding job on every level. He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. He welcomed my input and my concerns. . . from the first conversation to the last - I always felt 'it mattered' to him. S.C., Rolling Hills Estates
★★★★★
Thanks again for your hard work. We want you to know that we are very appreciative of all that you have done [on our son's] behalf. With warmest regards, L.H., Torrance
★★★★★
Dear Greg, Thank you again for all your help. Your professionalism and thoroughness is greatly admired. I will definitely recommend you to my friends if they ever need legal help. V.L., Carson
★★★★★
Thanks for investing in my case. I talked to other attorneys out there and they had an arms-length of attitude, but not you. Your intensity and interest helped a lot. C.R., Pomona
★★★★★