By Julian Navarro
FRESNO – Alejandro Garcia Lopez made a mistake when he drove while under the influence of alcohol.
His second mistake was driving a family member’s car without the proper device installed, as per his DUI probation requirements.
In Fresno County Superior Court here last week, Lopez was told he is now facing time in jail.
When he was pulled over by police last month, Lopez, according to court documents, knew he was in trouble. The arresting officer checked if Lopez had any priors, and the officer saw that he had violated Vehicle Code section 14601 and he was required to have an ignition interlock device when driving a vehicle because of a DUI conviction.
Lopez’s guidelines for his probation clearly state that if he is going to drive a vehicle he needs to blow into the mouthpiece of the ignition interlock device so it can read his blood alcohol concentration before the vehicle starts.
The vehicle that he drove was a family member’s vehicle that didn’t have the device installed.
While Assistant Public Defender Naser Nekumanesh was explaining his case, he stated that the defendant didn’t own his own vehicle, and that defendant intended to send a notice that stated that he didn’t own a car. But that never happened. Which led to Mr. Lopez getting charged with the 14601 violation. This charge could’ve been easily avoided if the defendant had sent that notice to the court.
Mr. Nekumanesh said his client “knows the mistake he made.” Then he rephrased his statement by saying, “As a mistake, not a simple mistake. It was a choice, a serious choice that has consequences.”
The hearing for a probation violation has been continued to October.
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