NEWPORT BEACH, Calif. — In a tense pretrial hearing Tuesday morning, a judge at the Newport Beach Harbor Justice Center made clear that court orders are mandatory, not suggestions, as the court addressed the logistical hurdles facing the accused’s transportation to court-mandated programs after his license was revoked.
In a criminal pretrial hearing at the Newport Beach Harbor Justice Center on the morning of Feb. 17, 2026, the court oversaw the logistical hurdles facing the accused’s transportation to court-mandated programs when a license is revoked.
The proceedings concerned two separate issues that hinged on the intersection of language barriers and transportation. The accused, assisted by a Spanish interpreter, had two previous DUI arrests and a premature case. He appealed for more time through his attorney but was denied. Judge Robert Gerard noted that Judge Richard Pachecco ordered that time “was up” regarding this case, requiring a motion.
Judge Gerard expressed frustration with the case’s persistence, stating that the court is not a “ping-pong ball.” Accordingly, he said he is perfectly happy to have the time to invest, but not to go back and forth between his department and Pachecco’s.
The second, more pressing issue concerned the accused not attending his four weekly meetings for a court-mandated alcohol program, claiming that he had no license to commute. Judge Gerard promptly stated that “I am almost inclined to take him into custody.”
The accused’s attorney emphasized that the accused lives a considerable distance from the Newport Beach courthouse, where the meetings would take place.
The accused understood that he had to be present in person to complete the meetings. However, he was not given the information needed to attend, nor, his attorney claimed, did he have the resources to do so.
The accused’s attorney emphasized how the difficulties with commuting to the courthouse prevented the accused from attending in person, stating, “I don’t know if they were going to be given a sober map to find the programs locally.”
Furthermore, the attorney recognized that the absence of attendance ordered by the court is an “important determining condition,” but pleaded with the judge, asking if he might give the accused another chance. Given the distance and the language barrier, he inquired whether any meetings could be conducted through Zoom.
Judge Gerard appreciated the defense’s empathy given to their client but remained firm. He stated that the “courtroom is full of people without driver’s licenses,” and noted that his next calendar meeting was similarly filled with Spanish-speaking individuals. These commonalities served as proof that compliance is possible; for the defense, however, they highlighted a systemic barrier shared by many in the community.
Because the accused was released on his own recognizance without bail or jail time, Judge Gerard noted that “it was a privilege, not a right,” per the accused’s initial conditions of release.
The accused was remanded into custody with bail set at $5,000 on each count, alongside a statutory date set for reevaluation on Feb. 26. Judge Gerard concluded with a final admonition: “This is an important lesson — that you must follow court orders.”
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