By Kelly Moran
FRESNO–– It was a long, long day for Judge William J. Terrence of Fresno County Superior Court last week as he faced a calendar filled with driving under the influence misdemeanor hearings in Dept. 1.
Many concluded after most of the defendants, with the help of their public defenders or private attorneys via Zoom, pleaded no contest to their charges.
Although a few cases were permitted continuances, most were ready to get it over with and accept the punishments at hand.
Two such cases were that of Efrain Castillo Contreras and Jose Hernandez, who both avoided jail terms and were sentenced to complete time in the Adult Offenders program offered by Fresno County Jail. Both Hernandez and Contreras also started the process of alcohol education prior to court.
“He’s been anxious to take responsibility for this case since he was last in court,” said Assistant Public Defender Stephanie Winemiler of her client, Contreras, and “he also has already completed his DMV classes, he has his SR22, and he also has the interlock device installed on his vehicle.”
Contreras entered a no contest plea to Count 1 of his charges, admitting that he had a BAC of .19 which violates Vehicle Code section 23152 subsection b, having a BAC of .08 or above while
driving. Count 2 was dismissed, as per a plea deal offered by the prosecution.
Jose Hernandez, who was also charged with violating section 23152(b) of the Vehicle Code, pled guilty instead of the typical no contest plea for DUIs. His BAC was confirmed to be .14.
Attorney Martin Taleisnik, came to Hernandez’s defense and spoke about how his client took this case seriously and went about the matter proactively.
“I just wanted to reiterate that my client did attend the first offender DUI school, voluntarily at least prior to any court order to do so,” said Taleisnik, “as he’s anxious to try to comply and also to get his driver’s license back.”
Both Contreras and Hernandez are subject to three years of informal misdemeanor probation. Both defendants received 180 days in jail, but all days except six are stayed, pending their successful completion of probation. For the remaining six days, Contreras and Hernandez are allowed to serve that time through the Adult Offender work program.
Contreras, who was out of custody, needed the assistance of a Spanish language interpreter at his hearing. The interpreter, Lizabeth Lara, was physically present in court next to Contreras while Judge Terrence, his defense, and the Deputy District Attorney called into the courthouse through Zoom.
Judge Terrence also made sure to warn the defendants of the risk of possible deportation from the country if they are not citizens of the United States, as well as denial of obtaining US citizenship down the road.
Both Contreras and Hernandez will have to pay a $1,945 fine that will be reduced by half that amount upon their respective proof of completion in the Decisions for Life class. They will each begin to pay off that amount starting January 15 of 2021, starting at $35 a month.
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