It was in the news this week. A San Diego County Deputy District Attorney was arrested for DUI. According to the California Highway Patrol, this prosecutor crashed into a retaining wall at a cemetery in Alpine at about 10:25 at night. Allegedly, a Sheriff’s Deputy saw her walking away and stopped her. Since the Deputy suspected she might be under the influence, she was detained and CHP was called to do the DUI investigation. That is standard procedure in East County, particularly at night.
Sadly, this same prosecutor pled guilty to a DUI last year. That also means she was still on probation for her first DUI when she was arrested for the second alleged DUI this week. Standard terms of probation include not violating any laws and not driving with any measurable amount of alcohol in your system. So, she may face ramifications for violating probation. Since it would be a conflict for her own office to prosecute the case, the Attorney General’s office will be prosecuting as they did the first DUI.
It is worth noting, when a Deputy Public Defender got arrested for an alleged DUI a few weeks ago, by CHP after a crash, he was paraded by the news cameras. The prosecutor who crashed and was arrested for an alleged second DUI was not even booked into custody. CHP claimed she received no special treatment and, “received the same treatment as any other suspect in a misdemeanor criminal case.” Frankly, that it complete bullshit. I have represented thousands of DUI clients and unless they have to be admitted to a hospital, they are headed to jail.
But, my point isn’t to point out CHP’s preferential treatment of a prosecutor or to even embarrass this prosecutor or her office.
The point is to remind everybody, if you consume alcohol and if you drive, DUIs can happen to anyone. In this case, if it is true, you have someone who prosecutes criminals and probably prosecuted DUIs early in her career. Nobody knows the risks and the penalties better. The only way to avoid DUIs is to never drive after consuming alcohol. And, if you do, be ready to hire a good lawyer. This prosecutor has done that.
I hope this prosecutor gets the help she apparently needs and is able to keep her job.
In some States, the legislatures there have recognized that reality is that DUIs happen and most of the time they happen to otherwise responsible people. They have also recognized that having a DUI on your record can completely mess up someone’s life, especially as far as work and driving. What some States do is to allow people arrested for DUI to do some program and if they stay out of trouble, they get their DUI dismissed. Aside from not punishing people who do not really need to be punished any further, it incentivizes them to avoid letting it happen again. You wonder if that type of incentive would have helped this prosecutor.
If you do get arrested, get a very good DUI lawyer right away. They can help avoid or minimize the consequences. Call San Diego Defenders ! (619) 258-8888.