NEWPORT BEACH, Calif. — During a pretrial hearing May 18, 2026, at the Harbor Justice Center in Newport Beach, a judge denied the defense’s request to waive court-imposed fees for an elderly accused person who the defense said had been unemployed for years and relied on Social Security benefits.
The accused pleaded guilty to alcohol-related reckless driving, leading to the dismissal of count one, driving under the influence of alcohol, and count two, driving with a blood alcohol content of 0.08% or more. He was sentenced to one year of informal probation, 80 hours of community service, and a 12-hour alcohol program. He was also ordered to pay between $700 and $800 in fees.
Deputy Public Defender Reynaldo Jose Barillas requested that Judge Richard E. Pacheco waive the fees, arguing that the accused had been unemployed for years and was dependent on Social Security benefits.
Judge Richard E. Pacheco stated that the accused’s monthly income was $2,400 and that his expenses totaled $288. The judge determined that the accused was able to pay the ordered fees and denied the request.
The judge suggested that the accused establish a monthly payment plan to ensure the fees were paid.
The accused is elderly and hard of hearing; therefore, the judge repeated the Watson advisement to ensure the accused fully understood the agreement when entering the guilty plea.
The judge read the advisement as follows: “If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.”
The accused has no further scheduled hearings and must show proof of enrollment in the alcohol program by June 17, 2026, and complete 80 hours of community service by Nov. 20, 2026.
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