By Derrick Pal
SACRAMENTO, CA — Even the judge here Monday in Sacramento County Superior Court was in some disbelief when he heard how high the blood alcohol content (BAC) was for the defendant charged with multiple felonies.
A “0.30? Wow,” stated Judge Joseph Orr, before sentencing defendant Ralph Prescott to a year in jail and after noting that Prescott must have had “a lot of practice” to get his BAC that high.
On or about July 3, 2020, defendant Prescott is alleged to have committed six felony vehicle violations by having a blood alcohol of 0.08 percent or more, and causing an injury.
According to the police report, the victim came to a stop at a red light. The defendant was driving at an unsafe speed, failed to also come to a stop, and consequently, rear-ended the victim, who pulled over, claiming she was experiencing some pain in her neck and back.
Deputy District Attorney Jennifer Gong noted, “I recently spoke to [the victim], she was agreeable with the disposition that we have put forth today. She let me know that she did have some lasting pain in her back and neck from this incident, but that she was doing all right.”
DDA Gong clarified that “the defendant’s (BAC) was 0.30”—about four times the legal limit.
The judge explained the rights that would be waived by defendant Prescott, stating, “You understand that you’re going to get sentenced to one year in a county jail. You’re going to need to make restitution to this victim…in an amount to be determined.”
“You’re going to admit the high blood alcohol. And you’re going to be on felony probation for a five-year period of time. Among other conditions is that you absolutely not consume alcohol,” said the judge, adding, “You are not to enter any business in which the principal source of income is the sale or consumption of alcohol, you understand?
“Mr. Prescott, somebody doesn’t get to your level of blood alcohol unless they’ve had a lot of practice. You (have) got an alcohol problem that you’ve not been dealing with, and if you don’t deal with it, you may very well find yourself in prison,” said Judge Orr.
“And, in fact, if you are involved in an accident and kill somebody after having consumed alcohol, you may very well be charged with murder, you understand that? So I want you to take this seriously because this is your last opportunity. All right sir, bear in mind what I’ve said,” the judge concluded.
Judge Orr sentenced defendant Prescott, who pleaded no contest to one felony of DUI causing injury, with a year in the county jail and after that five years of formal probation. His driving privilege is suspended for two years unless or until he completes a multiple offender program.
Derrick Pal is a fourth-year student at Sacramento State majoring in Criminal Justice and pursuing a minor in Sociology. He is from Elk Grove, California.
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