Man sentenced for 9th Orange County DUI

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Tag Archives: DUI Sentencing

Man sentenced for 9th Orange County DUI

Man Sentenced for 9th Orange County DUI

Man sentenced for his 9th Orange County DUI

A man sentenced for 9th Orange County DUI was from Placentia.  He was arrested in Placentia for Driving Under the Influence of Drugs (DUID), and had 8 priors.  His case ended last week, on June 20th, 2017, with his plea.

The 53-year-old Placentia man was sentenced to four years in state prison for his 9th DUI conviction since 2011 in Orange County.  The Orange County District Attorney had brought the charges, but the DUI defense lawyer in Orange County, Marlon Stapleton, was wise enough to bypass the DA’s offer and obtain a sentencing offer from Judge Roger Robbins, the felony judge at the North Justice Center Courthouse in Fullerton, who handled the case.

The prosecutor handling the case, Christine Simmons, objected to the sentence.

His sentence, for his most recent DUI with all of his priors, including priors for driving on a suspended license, was as follows:

  • One year in state prison under Penal Code 663 as a felony;
  • Three years in state prison, the maximum for a multiple offense DUI;
  • Credit for 283 days in jail against the prison time
  • An order to pay restitution in the amount of $15,272.54.

He also admitted three misdemeanors for driving on a suspended license and without an ignition interlock device (IID) as required.

The most recent DUI case in Placentia, his ninth DUI, involved a DUI with an accident.  It was alleged that he drove into a Southern California Edison electrical box.  He was found to be a .11% blood alcohol level, and police discovered he didn’t have an ignition interlock device in his vehicle as required.

His prior case, (his eighth), a DUI in Laguna Beach, occurred on June 7, 2015. He was lane straddling and failed to yield when police tried to pull him over, according to probation officials. He kept going for a half-mile at about 4 to 7 mph, according to a probation report, which said the vehicle “stopped for about two minutes, then began rolling again before driving onto a sidewalk and colliding with a cement light pole.”

Police found a prescription bottle containing GHB, a drug which is undetectable in blood, breath, or urine in DUI cases, in his car.  His probation officer stated, at the time, “Despite any success the offender has demonstrated under supervision, he has shown by his recent arrest that he has substituted his alcohol addiction with another substance that is not detected by standard drug screening”.

His Orange County DUI lawyer, Mr. Stapleton, had shown evidence that his client had paid someone $50,000 a year to drive him around, and was undergoing family turmoil that had triggered his addiction. The man sentenced for 9th Orange County DUI likely needs help with conquering his addiction, rather than state prison time.

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If you have questions about a DUI with a prior, please contact us today. We can help you with your case and minimize the impact on you from sentencing with the priors.

 

Do you have to submit to a field Breathalyzer if on probation for DUI?

Is it mandatory to Submit to a field Breathalyzer on DUI probation?

If you had one DUI, and pled guilty or no contest to that DUI, then you were likely placed on DUI probation.

Probation of at least three years is mandatory under the law in California for DUI convictions, and judges must place you on probation, the only other option being to find you in violation of probation immediately and then imposing punishment for the probation violation and ending or terminating probation.

Under the law, you most often see search and seizure conditions for DUI.  The language might also state that you must “submit to a chemical test if arrested on suspicion of DUI.” It’s a mandatory condition for DUI probationers under California vehicle code section VC 23600(b)(3).

The language in a plea bargain or probation form might also state that you must “submit to random chemical tests”, which could include a preliminary alcohol screening (PAS) test before your arrest.  The consequences for not doing so could include being charged with an additional violation of probation, which is a Penal Code section 1203.2 violation, or being charged with a separate violation of Vehicle Code 23154(a), which makes it a crime to not submit to a chemical test upon request while on probation.

The statutory term, which states to “submit [only] if lawfully arrested [i.e., no refusals], is also listed as one of the drug term conditions on the plea forms (or Tahl forms) used in many counties.

In many says, it invites purely arbitrary test demands. The only one that attorneys should be advising their clients matches the law is the statutory term that if arrested will submit, and most attorneys, including our Los Angeles DUI Lawyers and our Orange County DUI Lawyers, advise clients to NOT agree or consent with any other language.

Don’t be part of the “everybody” that accepts terms beyond those mandated by statute. With the DMV, you can make that argument on the pre-arrest PAS test but failure to submit to it will result in a two to three year hard suspension. As for the post arrest testing, there’s a Constitutional Fourth Amendment waiver (which is the portion of the constitution that protects against unlawful searches and seizures) based on the probation term condition.

If the condition is imposed on a broader scope then that is the probation condition, though as it relates to the Fourth Amendment, one can argue that the PAS is not a chemical test. However, if submission to testing is a condition of probation then that makes the need for a warrant unnecessary, which is what law enforcement prefers.

SCRAM Providers in Orange County

SCRAM Providers in Orange County

SCRAM stands for “Secure Continuous Remote Alcohol Monitor”.

orange county scram

Orange County DUI cases where a prior (or more than one prior – that is, a second DUI or higher) is alleged often have the option of wearing a SCRAM ankle bracelet in exchange for lower jail time.  Orange County Judges like SCRAM, as it ensures sobriety and addresses the underlying issue or problem better than jail does. This is a list of SCRAM Providers in Orange County.

The SCRAM device is an ankle bracelet that a DUI offender wears around his/her ankle. The SCRAM bracelet tests the DUI offender’s sweat for alcohol about once per hour, silently. The SCRAM device then wirelessly transmits the results at least once per day via the SCRAM Modem.

scram bracelet

The SCRAM device is an example of “transdermal alcohol testing.” Alcohol in the body is eliminated from the body either through metabolism or through excretion (via the breath, urine, sweat and saliva). About 1% of the ingested alcohol escapes the body through “insensible perspiration,” an imperceptible ethanol vapor that passes through the skin as a sweat vapor.

A SCRAM bracelet / anklet detects this alcohol and reports it automatically to a monitoring center.

The SCRAM device weighs about 8 ounces.  SCRAM allows for continuous testing regardless of the location of the person under supervision, which increases the sampling detection.

scram alternative sentencing

In Multiple Offense Orange County DUI Cases, a SCRAM bracelet can help by creating an alternative to jail time, by promising sobriety, and using the SCRAM device to ensure sobriety is complied with.

Approved SCRAM providers in Orange County, California, include the following:

1.  SCRAM of California
(Silas Miers)
402 West Broadway
Suite 400
San Diego, CA 92101
Phone: 619.237.0300 email: smiers@scramca.com
(Scram of California has an Orange County office also, at 5000 Birch St. West Tower, Suite 3000, Newport Beach, CA 92660, Phone: 949-943-3899).
Website: www.scramca.com

2.  Diversified Monitoring Systems
1633 East Fourth Street, Suite 152
Santa Ana, CA 92701
Phone: (714) 245-9910
www.dmsprogram.com
(The MOST Program that is often used by the courts utilizes this program provider.  See www.themostprogram.com).

3.  Sentinel Offender Services
201 Technology Drive
Irvine, CA 92618
Phone: 800-327-1178
www.sentrak.com

If you are charged with DUI in Orange County, especially a second time offense, or a third time DUI offense, you should obtain the services of an experienced DUI defense attorney immediately. A good DUI defense lawyer will help you gather evidence and witnesses, dispute test results, and will work hard to have your charge reduced or dismissed or to win an acquittal at trial. DUI is considered a serious offense in California, so take it seriously; if you’re facing the charge, hire an experienced California DUI defense attorney.

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Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.