Manhattan Beach, Under Age 21,Collision with Parked Car, 0.16 BAC, Lawyer Success # 12

Our client, age 18, was charged with one count of driving under the influence of alcohol (Vehicle Code Section 23152(a)), a misdemeanor, and one count of violation of driving while having a 0.08% or higher blood alcohol level (Vehicle Code Section 23152(b)) after passed out and ran her car into a parked car.  Both cars were totaled.  Our client had a 0.16 blood alcohol content (BAC).  The collision occurred in Manhattan Beach.

Our client, a freshman at an elite East Coast university while home on winter break, admitted to drinking one beer before the accident.  She failed her field sobriety tests at the scene.  

Officers then administered the Portable Alcohol Screening Test at the scene without observing our client for fifteen minutes, which is a violation of California law (see People v. Sandra Molenda (2009)).  However, our client also provided a blood sample, which was obtained legally, so it was unlikely that proof of our client’s intoxication level could be ruled inadmissible.

“Damage control” and getting the best plea bargain for our client became the objective in this case once Greg Hill & Associates was retained.  The case was filed in Torrance.

As the client was underage, had a BAC above 0.15 and was involved in a collision, the District Attorney’s first offer involved a nine month alcohol awareness program (AB1353).  To help with negotiations, Greg Hill encouraged the client to enroll herself in an alcohol awareness program back on the East Coast while the case was still progressing.  The client did so and also provided an extensive “Good Gal” packet which showed her high rehabilitation potential.

After many court hearings and protracted negotiations, the District Attorney agreed to allow our client to plea bargain terms which included attendance in the three month AB541 program, rather than the nine month AB1353 program that he would ordinarily be required to attend based on her BAC.  The client was very satisfied with this concession from the DA, as she was able to complete the program in California over the summer before returning to the East Coast for school in the fall.  

Our client also was ordered to pay fines of $390, plus penalties and assessments, to attend a Mothers Against Drunk Driving class, pay restitution to the owner of the parked car, and be on 36 months of summary probation.

If you or a family member have been charged with a DUI (Vehicle Code (VC) § 23152(a)), or Vehicle Code (VC) § 23152(b)) call our office today.  One of our attorneys will speak with you immediately and will fight vigorously for you.

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