Second time DUI and probation violation, no jail time


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Second time DUI and probation violation, no jail time

Second time DUI and probation violation, no jail time

Ms. McGrath had an Orange County second time DUI, with probation violation.  Her first DUI involved a collision and property damage, and a high blood alcohol level (above a .24%), in 2014.  She pled guilty and was given probation.

Less than a year later, she had another high blood alcohol (above a .24%) that also alleged an accident, plus a probation violation, from being on probation at the time of her second DUI arrest.

Both cases, the second DUI and the probation violation, were charged against her at the Orange County Superior Court, Harbor Justice Center.

The prosecution (the Orange County District Attorney’s Office) wanted 90 days of Orange County Jail.  After negotiating the case, the prosecution agreed there were mitigating factors that should result in a lighter sentence, and reduced their offer to 60 days jail, not including whatever punishment the judge might impose for the probation violation.

Presenting the weaknesses of the case, and the facts surrounding the client suffering grief at the loss of a parent, including involving her therapist, caused the judge to agree to impose a 30 day outpatient rehab program, and a SCRAM ankle bracelet, to continuously monitor alcohol and ensure sobriety.

The program used in this case was the M.O.S.T. program, well known here in Orange County Courts for DUI cases.  And the SCRAM program was administered through a similar program.

Lessons learned all around here, including that even the toughest cases deserve help and compassion, and that getting a custom plan together that addresses the judge’s concerns of reoffending often can get dramatic results.  In this case, the client did no actual jail time, even though she was facing substantial jail time given the circumstances of the case.

This client was very happy with the result, and thanked our firm for the outcome.

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