Westminster Courthouse, 0.16% BAC, Car Accident, AB 541

Our client, age 29, went out for dinner with friends in Laguna Niguel.  It was mid-June and she headed home about 9:15 p.m.

She had consumed two beers earlier in the day and then, at dinner with friends, had two “Rainbow” drinks and a glass of wine. 

As she was just about a quarter mile from home, another car changed lanes from her left, moving right directly into the left side of our client’s car.  The collision shocked our client, who had a passenger with her who was asleep. 

The other car did not stop and sped away.  Our client, confused about what to do, then just kept driving home. 

Little did she know it, but another driver behind her observed the collision and followed our client, not the other car, home.  This other driver then called 911 and described what she had just witnessed and that she was following our client.  When our client pulled into her garage, the other driver reported this. 

Within a minute or two, Westminster Police arrived and walked into our client’s garage, where our client was still sitting behind the wheel.  Our client was crying hysterically, according to the police report, apparently confused by what happened.  The officer tapped on the driver’s side car window and our client looked to her left, surprised to see a police officer standing in her garage.

Our client then got out of her car and explained what had just happened to the police officer.  According to the police report, the office detected “a strong odor of alcohol,” which could have been attributable more to our client’s passenger, but police attributed it entirely to our client.

Officers then asked our client if she had been drinking and our client described drinking two beers earlier in the afternoon, followed by two “Rainbow drinks” and a glass of wine with dinner.

Officers then aske our client to submit to a preliminary alcohol screening (PAS) test at the scene and our client refused, as is her legal right under Vehicle Code § 23612(i).  Our client was then immediately arrested and taken to the Westminster Police Station, which is right across the mall from the Westminster Courthouse.

Once at the police station, our client submitted to a blood test, which was later evaluated and her blood alcohol content (BAC) was measured at 0.16% in two tests.

After the client was released from jail the following day, she called Greg Hill & Associates and discussed the facts of her case.  She asked Greg many questions about more jail time and how the case would proceed.  Greg answered all her questions and commented that he did not think the client would be charged with hit and run since the other driver left the scene as well.  The client then retained our office.

At the arraignment in the Westminster courthouse, the Orange County District Attorney assigned to the case regarded the case as quite serious, as there was a car accident and our client’s BAC was double the legal limit.  His first plea bargain offered required our client to attend the nine-month alcohol awareness program (called the AB 1353 program) due to our client’s BAC level being above 0.15%.  The offer also required our client to perform ten days of community service since there was a car accident.

Greg explained the offer and discussed it with the client, who had many questions.

Eventually, Greg was able to negotiate a much better offer, which ultimately was finalized as three years of informal, or summary, probation with no jail, an obligation that our client enroll in and complete the three-month alcohol awareness program (called the AB 541 program), pay a court fine of $390 plus penalties and assessments (with $250 credited toward the $390 because our client spend part of two days in jail), perform ten days of community service and attend the Mothers Against Drunk Driving (MADD) victim impact panel.

The client was happy to avoid the nine month program, which cost about $500 more than the three-month program.