NEWPORT BEACH, Calif. — A Newport Beach judge denied a request to reduce fines for a nursing student who pleaded guilty to driving under the influence, ruling that a payment plan would make the financial penalty manageable despite her limited income.
In a pretrial hearing at the Harbor Justice Center, Judge Richard Pacheco denied the request for a reduction of fine assessments in the DUI case. The accused is currently a part-time employee funding herself through nursing school and said she cannot afford the high fine amount. Additionally, he provided the accused with only one week to deliver proof of her driver’s license, despite scheduling conflicts due to her school and work commitments.
In the hearing, the accused pleaded guilty to two charges of driving under the influence with representation by Deputy Public Defender Jessica Arbgast. She was released on her own recognizance with one year of informal probation, which included no new law violations and 40 hours of community service. Additionally, she was ordered to pay a fine of approximately $1,000.
Arbgast requested a reduction in the fine due to the accused’s inability to afford it. She explained that the accused is a full-time nursing student working part time at a 7-Eleven. She makes minimum wage and funds herself through school, and the amount of the fine would be a significant hardship due to her inability to work full time. Arbgast also acknowledged the option of a payment plan but insisted the fine would impose a substantial burden on her client and requested leniency in the case.
Judge Pacheco argued that if the accused commits to a 35-month payment plan, she would be paying only $30 per month. He said she could afford to pay $30 monthly and denied the request for a fine reduction.
The accused stated that she is in her final year of nursing school and anticipates graduating in June, with hopes of joining a nursing program in the future. Judge Pacheco warned her to be careful because many programs do not accept applicants currently on probation, which may reduce her chances of acceptance.
Additionally, Judge Pacheco ordered the accused to return her driver’s license to the sheriff. She stated that it is an Arizona license, that she does not use it often and that she did not have it with her. He told her to bring it in the next day, but she said she works and has class afterward, giving her no time to bring it in. Additionally, her family is from Hawthorne, so she has no one who can provide the license to the court on her behalf.
The judge provided her with one week to provide her driver’s license to the court and said a bench warrant would be issued if she does not deliver it. The accused asked whether she could submit a photo as proof of the license, but Judge Pacheco insisted she must deliver the physical license in person.
Judge Pacheco concluded by warning her of the dangers of driving under the influence. He stated, “We don’t want you in the newspaper, because if you’re on the news, it means you killed one of us.”
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