Alcohol on defendant's breath delays his DUI sentencing
Former Orange County Sheriff Deputy
SANTA ANA, Calif.—The sentencing of a former Orange County sheriff's deputy who pleaded guilty to several DUI charges stemming from a collision that injured a 78-year-old woman was postponed today because he looked too intoxicated to go through with the hearing, a prosecutor said.
Allan James Waters pleaded guilty April 7 to charges related to the collision as part of a plea bargain approved by Orange County Superior Court Judge Frank Fasel. The judge told him he would not face a prison sentence longer than 15 months.
When Waters came to court this morning, it "appeared he was under the influence of alcohol or drugs,'' Deputy District Attorney Brock Zimmon said. A sheriff's deputy said he smelled alcohol on Waters' breath, Zimmon said.
Fasel granted Zimmon's request to increase bail from $100,000 to $250,000 and Waters was taken back into custody, the prosecutor said. He is scheduled to return to court Wednesday for another attempt to sentence him, Zimmon said.
Waters, 37, of Laguna Niguel was accused by prosecutors of "doctor shopping'' for prescription drugs, Zimmon said. He sought prescription painkillers from eight doctors between March 2009 and March 2010, he said.
Waters was accused in June 2010 of being involved in a couple of traffic crashes, including one in which the 78-year-old woman suffered back injuries that required surgery.
Waters was driving a 2008 Mercedes-Benz south on Golden Lantern Street in Dana Point about 4:45 p.m. March 1 when he rear-ended a car at a red light, according to prosecutors. Sheriff's deputies who knew Waters was off duty let him go, but less than an hour later, he got into the collision on northbound Golden Lantern that injured the woman, prosecutors said.
Waters was impaired by the prescription drugs Zolpidem and Hydrocodone at the time, according to prosecutors.
Waters pleaded guilty to a felony count of driving under the influence causing bodily injury, two felony counts of selling a substance in lieu of cocaine, nine felony counts of obtaining a controlled substance by fraud, and he admitted a sentencing enhancement allegation of causing great bodily injury to an elder, Zimmon said.
For a decade, 0.08 has been the blood alcohol benchmark to consider a driver intoxicated
National Transportation Safety Board would like to see a nationwide 0.05 level
The board would also like to see swifter action on taking away offenders’ licenses
In an effort to curb prescription painkiller abuse, the Food and Drug Administration is banning generic versions of the original OxyContin formula.
“The FDA has determined that the benefits of original OxyContin no longer outweigh its risks,” the agency said in a statement.
WEST HOLLYWOOD, Calif.—Singer Christina Aguilera was arrested on suspicion of public intoxication today when she was found "incapacitated'' in the passenger seat of a vehicle driven by her boyfriend, who was arrested for alleged drunken driving.
The vehicle, driven by Matthew Rutler, was stopped by deputies around 2:45 a.m. near Sunset Boulevard and Clark Street in West Hollywood, sheriff's spokesman Steve Whitmore said.
Deputies saw Rutler "driving erratically'' and pulled him over, Whitmore said.
VENICE, Calif.—A sobriety and license checkpoint will be conducted Friday evening in Venice, according to the Los Angeles police.
The drunken driving checkpoint will be held at Washington Boulevard between Abbot Kinney Boulevard and Yale Avenue from 8 p.m. to 2 a.m. Saturday, said LAPD Officer Don Iman.
SAN CLEMENTE, Calif. — Former NFL receiver Titus Young remained in jail today for suspicion of breaking into a San Clemente home, his third arrest in a week.
This time, the 23-year-old ex-St. Louis Ram was arrested about 11:30 p.m. Friday in the 3700 block of Calle Casino, where Young fled on foot when officers arrived.
