By Leslie Acevedo
VENTURA, CA – A man with no other criminal history was sentenced here in Ventura County Superior Court Friday to 180 days in county jail for a driving under the influence with injury charge from March 2021.
The accused was present and represented by Action Lavitch. Judge Bruce A. Young heard the case while Senior Deputy District Attorney Rameen Minoui prosecuted.
A plea to count one with a special allegation was accepted on Jan. 20, 2023, although the incident happened two years ago.
Judge Young said the accused risk assessment was a three, low on the risk assessment meaning he is deemed at low-risk to reoffend, said Judge Young. The accused had two days credit.
Judge Young noted the accused is 27 years old, making an annual estimate of $61,000. Judge Young said the accused has no criminal history, wrote a handwritten letter, which was not read to the court.
Senior Deputy District Attorney Minoui, based on the nature of the incident, the accused having a blood alcohol twice over the legal limit, two victims present, asked for imposition of 180 days.
Defense Attorney Lavitch argued the accused had no prior criminal record, no new cases since, completed his alcohol program through the DMV, and continues to show remorse.
Defense Attorney Lavitch notes the charge itself is a wobbler, hoping the accused’s charge can be charged as a misdemeanor. No victim statements were made to probation, victims did not seek treatment until after the incident occurred, said Defense Attorney Lavitch.
Defense Attorney Lavitch noted the case was not filed until the personal injury civil case was filed, adding the accused is not a danger to the community, and has a very low likelihood of recidivism as probation recommended probation.
Defense Attorney Lavitch said a felony conviction would have an adverse effect on the accused’s life.
Judge Young noted the charge remains a felony, imposing 180 days, and 36 months on formal probation. Judge Young imposed a $300 state restitution fine and a second one pending successful completion of probation, and ordered the accused to pay a total fine of $2,377, including penalty assessment.
The accused must report to the jail on May 19, but can appeal by May 16.
