LOS ANGELES — During a DUI pretrial hearing in Los Angeles County Superior Court, prosecutors sought a plea agreement that included four years of summary probation, while the defense argued the proposed sentence was excessive because the accused’s previous DUI occurred nearly a decade ago and the accused has remained compliant with court orders while voluntarily participating in an alcohol treatment program.
The accused is facing a driving under the influence case. During the hearing, the prosecution stated that the accused’s blood alcohol concentration was 0.13% and maintained that the facts of the case did not support reducing the offense to a lesser charge.
The deputy district attorney told the court the prosecution had reduced its plea offer to 48 months of summary probation, removing one year of probation from its previous offer. The revised offer also eliminated community labor and a community work waiver but retained a six-month alcohol program, continued participation in the HAM/MADD (Hospital and Morgue/Mothers Against Drunk Driving) program and standard restitution.
The public defender for the accused rejected the offer, arguing that four years of probation remained excessive because the accused’s previous DUI occurred in 2017, nearly 10 years before the current proceedings.
The defense also emphasized that the accused has consistently appeared for hearings and remained in the HAM, or Hospital and Morgue, program, an educational program used in DUI sentencing and reckless driving cases that informs participants of the life-changing consequences of risky driving.
Additionally, the accused has continued to comply with all conditions of release and has remained in the program since April of last year.
The defense instead proposed resolving the case through a wet reckless disposition with credit for the alcohol education program the accused had already begun.
The prosecution opposed that request, arguing that the facts of the case did not support a wet reckless plea. The prosecution further told the court that a gas station attendant reportedly heard screeching tires before observing the accused’s truck with beer bottles inside, circumstances the prosecution argued reflected conduct more serious than a wet reckless offense.
After hearing both sides, the judge agreed that a wet reckless disposition was not appropriate based on the facts presented. The prosecution nevertheless agreed to leave its plea offer open, and the accused remains released on his own recognizance.
The case was continued to July 23 for further pretrial proceedings.
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