MODESTO, CA – A judge granted the accused release on their own recognizance (OR), instead of the prosecution’s $75,000 bail request, here in Stanislaus County Superior Court last week.
The accused was charged with a second DUI (driving under the influence) incident involving a child in the vehicle.
During the hearing, Deputy Public Defender Harrington advocated for the accused to be released on her own recognizance, highlighting her financial hardship and inability to afford bail. Harrington described the accused as a homemaker without income and stated she could not afford the bail amount previously set.
While the defense characterized the incident as a “regular DUI with a child in the car,” Deputy District Attorney Cleer opposed the request, citing serious concerns about the safety of the child involved.
The prosecutor stated, “The People are alarmed and concerned about the safety of the child in this case,” and argued the accused was driving under the influence in the late afternoon around 4 p.m. while driving her five-year-old child to the park.
The DDA said the accused’s husband alerted the authorities to the situation, fearing for the safety of the child.
According to DDA Cleer, the accused’s blood alcohol concentration (BAC) was high, with preliminary breath test results of 0.28 and 0.26.
DDA Cleer noted this was the accused’s second DUI offense, with the prior one occurring in 2016. DDA Cleer requested the court set bail at $75,000 and keep the accused in custody.
The judge acknowledged the age and prior offense and granted OR release. The judge imposed strict conditions, including a prohibition on driving and a mandate for the accused to attend at least one Alcoholics Anonymous (AA) meeting per week.
The judge ordered the accused to prove her attendance at the next court hearing, warning that failure to show proof of AA attendance could lead to a reconsideration of her custody status.
The judge set a pretrial and bail-receiving hearing for Jan. 16.
