Tale Of  Two DUIs And Two Judges

By:  Roman P. Mosqueda,. Esq.

            The first driving under the influence of an unlicensed driver was committed on or about November 2, 1997. The criminal case was filed in the El Monte Municipal Court on December 12, 1997.

            The second driving under the influence with a suspended license was committed on or about January 10, 1999. And the criminal case was filed in the Downey Municipal Court on March 5, 1999.

            In the first driving under the influence (DUI) case, the defendant, whose name is withheld to protect his privacy, pled guilty to the DUI charge (Section 23152(b), Vehicle Code) and to the unlicensed driver charge (Section 12500(a), Vehicle Code) on or about January 22, 1998.

Sentence On The

First DUI:

            He was placed on three-year summary probation, with suspended sentence, ordered to pay the first offender’s fine and assessment ($1,247.00) plus court cost of  $25, plus $100 to Victims Restitution Fund (or a total of $1,372.00), or complete 120 hours of community service and pay $759.00, ordered to enroll and participate in and successfully complete a 3-month, first-offender alcohol and drug education and counseling program, and ordered to complete additional 40 hours community service.  His driving was restricted for 90 days to and from work, during work, and to and from the program. 

            As to driving without a license, he was likewise placed on three-year concurrent summary probation, with suspended sentence, and ordered to perform six days of tree farm work.

            Unfortunately, he did not pay the fine, did not participate in any alcohol program, and did not complete community service.  For probation violation, he was sentenced to 15 days in Los Angeles County Jail, less credit for 2 days, to be served on consecutive weekends.

            He did not serve the probation violation sentence in County Jail.  Bench warrant was issued on March 1, 1999, with $10,000 bail, for his arrest.

No Appearance At

Arraignment For Second DUI:

            The second DUI committed on or about January 10, 1999, was scheduled for arraignment or plea-taking on or about March 18, 1999.

            Unfortunately, he did not show up for his arraignment.  So, a bench  warrant with bail in the amount of $30,000 was issued for his arrest on March 18, 1999 by the Municipal Court of Downey.

            When he consulted  with and retained this Author on July 1, 2005, he agreed on the strategy to surrender himself and ask for the recall of the bench warrant issued on the second DUI by the Municipal Court of Downey.

            Indeed, the bail on the second DUI case was $30,000, and only $10,000 for the first one.  Moreover, there was probation violation in the first DUI case in the Municipal Court of El Monte. And the second DUI was another probation violation within the 3-year probation period of the first DUI case, aside from its commission within seven years of the first DUI.

Surrender and Remand

On Second DUI Case:

            On or about July 14, 2005, at 8:30 a.m., this Author surrendered him to Judge John L. Martinez, of Division 3 of the Municipal Court of Downey, asked for the recall of the bench warrant, and requested that he be released on his own recognizance (O.R.) without bond.

            Judge Martinez recalled the bench warrant, but declined to release him on his own recognizance, and remanded him to jail.  Anticipating that O.R. would not be granted because the bench warrant had been outstanding March 18, 1999, and instead of posting $30,000 bail bond, he asked Judge Martinez to arraign him on the second DUI.

            At the 1 p.m. session of the Court, he pled no contest (equivalent to guilty plea without civil case consequences) to Count 2 of the Misdemeanor Complaint for driving while having a 0.08% or higher blood alcohol with prior, in violation of Vehicle Code Section 23152(b), and to Count 3 thereof on driving when privilege suspended for prior DUI conviction, in violation of Vehicle code Section 14601.2(a).

            Before his plea, this Author had plea-bargained with Assistant District Attorney Matthew Bradmier on a sentence of 96 hours in Los Angeles County Jail (less credit of 24 hours), alcohol program, fine, community service, and probation period left to the Judge.

            But before taking the plea, Judge Martinez had given the indication that 96 hours (reduced to 72 hours after credit) of jail time was too short for a second DUI, with an outstanding bench warrant since 1999, and qualifying as a probation violation within the 3-year probation of the first DUI  case.

            Ultimately, Judge Martinez, upon the request of this Author and the concurrence of the prosecutor, agreed not to sentence him to the maximum one year in jail, but only to 150 days for the second DUI and probation violation, plus 30 days for driving with suspended license, and 2-year driver’s license suspension, with no fine, no alcohol program, no community service, and no probation on the second DUI.

            Knowing that the current crowded situation of the Los Angeles County Jail usually results in serving only 10 percent of the sentence imposed by the Judge, he accepted the sentence, and was sentenced accordingly by Judge to 180 days in County Jail and 2-year driver’s license suspension (allowing driving only to work and back to home)

Surrender On First

DUI Case:

            He started serving his jail sentence on the second DUI on the afternoon of July 14, 2005, at the Twin Towers LA County Jail.

            Due to the outstanding bench warrant issued by the Municipal Court of El Monte on the first DUI case, he was sent by the Jailer of the LA County Jail to surrender therein.

            So, on July 22, 2005, at 8:30 a.m., he surrendered himself to Judge Gilbert M. Lopez of Division 5 of the Municipal Court of El Monte.

            This Author, after conferring with the prosecutor, requested an indication from Judge Lopez on the disposition of the first DUI case.  He continued the hearing to July 26, 2005, to study the file.   Initially, at the July 26, 2005 hearing, Judge Lopez wanted payment of the unpaid fine of $759.00, proof of completion of community service, completion of the 90-day, first offender alcohol program, continuation of probation for two more years and 16 days in County Jail.

            Ultimately, Judge Lopez agreed to use the other option of:  admission of probation violation and 180 days in County Jail to be served concurrently with the 180-day sentence on the second DUI imposed by Judge Martinez, with 13 day credit, no fine, no alcohol program, and no continuation of probation.

            He accepted this disposition, and was sentenced accordingly on July 26, 2005, by Judge Lopez of the El Monte Municipal Court.

            This is a real tale of two DUIs and real concurrence of two Los Angeles County Superior Court Judges in Downey and El Monte Courthouses.

            The Author’s client was released from jail early morning of August 2, 2005, serving only 19 days of the 180-day jail sentence. Now may be the time to surrender for any bench warrant issued by the Superior Court for the County of Los Angeles.

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            (The Author, Roman P. Mosqueda, has practised criminal law in the Philippines, New York and California for over twenty years, handling infraction, misdemeanor and felony  cases.  He personally represented the defendant in these two DUI cases)