WOODLAND, Calif. — Despite objections from the prosecution citing public safety concerns, a Yolo County Superior Court judge on Friday approved a defense request to modify the conditions of an accused man’s OR release, removing a months-long alcohol monitoring requirement.
In a pretrial conference at Yolo County Superior Court on Friday, Judge Catherine Rayhill approved a request from the defense to reduce the conditions of an accused’s OR release despite the prosecution’s concern for public safety.
Deputy Public Defender Dan Hutchinson informed the court that the accused has been wearing a SCRAM ankle monitor for more than seven months, which he argued is “far longer” than the average SCRAM requirement.
The accused was also required to install ignition interlock devices on his two cars, which DPD Hutchinson said the accused had to sell due to the financial burden of these two conditions of his OR release. The accused has been paying $140 per month for his SCRAM device.
Deputy District Attorney Rachel Meyers opposed the defense’s appeal for the accused to be released on OR, highlighting that the accused has three DUI charges within one year and that the decision on his appeal for these charges is pending. Given this, DDA Meyers voiced her concern for public safety.
In response to DDA Meyers’ concern, DPD Hutchinson argued that even if the accused were to be convicted of a third DUI, a SCRAM monitoring requirement exceeding seven months would not be warranted.
Judge Rayhill inquired about the accused’s sobriety. DPD Hutchinson confirmed that the accused has been sober for at least seven and a half months, noting that there have been no SCRAM violations.
The defense also informed the court that the accused had attended Alcoholics Anonymous meetings for two to three months before starting work. DDA Meyers stated that, given the high frequency of AA meetings, she believes it is unreasonable for the accused’s work schedule to preclude him from attending meetings.
Judge Rayhill ultimately decided to lift the SCRAM condition of the accused’s OR release but added a specific requirement that he attend three AA meetings per week. DPD Hutchinson confirmed with the accused that this condition is feasible given his work schedule.
The accused’s DUI charges were appealed, and that decision is still pending.
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