In the Superior Court of the County of San Bernardino, Victorville Courthouse, Mr. Escovar recently represented a client accused of violating Vehicle Code section 23152(a) with an enhancement for refusing to provide a blood alcohol chemical test in violation of Vehicle Code section 23578. The client was stopped by law enforcement after a person called 911 to report a vehicle driving of the wrong side of the road and weaving in and out of traffic. The deputy sheriff observed the reckless driving and stopped our client. The client admitted to recently drinking alcohol and, according to the deputy, he “failed” the field sobriety tests. He was subsequently arrested. The client then refused to provide a chemical test sample.
Once the criminal case began, Mr. Escovar was retained to defend the client in court. Upon further investigation, we were able to identify for the prosecutor details and evidence (including the Body Worn Camera Videos) that suggested that our client was not unlawfully impaired. Based on the presentation of Mr. Escovar and the mitigation package discussed with the prosecutor, Mr. Escovar was able to negotiate a reduction in charges to a “Wet Reckless” violation instead of a DUI conviction.
A “Wet Reckless” is a reduced charge of a violation of Vehicle Code section 23103 per section 23103.5. What made this negotiation even more satisfying is that Mr. Escovar was able to reduce the sentencing terms to a “Terminal” sentence, that is, no probation! Therefore the client only had to pay a fine of $275 dollars (since the custody time incurred during the original arrest was applied against the fine). Moreover, the client was not required to complete any alcohol class since there was no probation as part of the plea agreement. Another great result!
