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4/17/2014: Santa Cruz County .21% BAC 3rd Offense DUI w/ Probation Violation and Suspended License

Posted By Nors Davidson || 6-May-2014

4/17/2014: SANTA CRUZ COUNTY .21% BAC 3rd OFFENSE DUI w/ PROBATION VIOLATION & SUSPENDED LICENSE

Outcome: ENHANCEMENT DISMISSED & 180 DAYS HOUSE ARREST

Description: Client was a real mess. This sixty something year old had been though many things in life, but came to me on the brink of existence as she was suffering from a lifetime of alcohol abuse. This time, she was arrested in her home after a call to the Santa Cruz Police that a woman was acting erratically after driving a vehicle until is stopped for want of gasoline. Eventually, client provided a .21% BAC breath sample, which ordinarily would be an aggravating factor, but of greater significance still was that client was still on active DUI probation for another high BAC DUI conviction in Santa Cruz County a year earlier. Indeed, client had TWO PRIOR DUI convictions in the last two years making this her third and she was also charged with driving on a suspended license pursuant to Vehicle Code Section 14601.2, the most severe offense of that section.

Client had suffered from alcoholism for long time and had personal loss which only exacerbated the problem. Seeing this as the root cause of her present DUI situation, we immediately began a course of treatment which she responded to positively.

Today, months later, I convinced the District Attorney to dismiss all charges except the DUI, including the high BAC enhancement. Client received five years of probation, fines of approximately $2,600, and 180 days of jail for which she's been accepted to HOUSE ARREST, which will allow her to continue with her rehabilitation. Client was referred to the 18 month Multiple Offender DUI School, but it was not ordered as a part of her probationary sentence. She'll need to complete this school to have a chance at getting her California Driver's License reinstated after all of these DUI's, but I'm optimistically hopeful that this time we've pulled the weed out from the root and there won't be any future DUI's. We've got to try!