Judge Convicted of San Diego DUI Loses Appeal
On June 22nd, 2009, Orange County Superior Court Judge Theodore Millard lost a battle to have his felony San Diego DUI conviction overturned by the Fourth District Court of Appeals. Judge Millard actually had been a presiding judge of Orange County Superior Court back in the late 1990s. His felony conviction stems from an incident in December 2003 in which he was arrested for driving while intoxicated and causing bodily injury to a motorcyclist.
Facts of the Case
According to testimony, Judge Millard had been drinking wine at the home of a nearby friend – to the tune of approximately three to four glasses – prior to getting into his car and driving home. Judge Millard fail to yield to a passing motorcyclist while making a left turn and drove into fifty-two year old William Payne, causing injuries that made it impossible for Payne to continue working as a construction company service representative.
Initial tests found that Judge Millard had a BAC of a .011% -- .03% over California’s maximum allowable BAC. The Orange County District Attorney recused himself and his whole office from dealing with the matter, given that the Judge Millard was a close friend and associate. Instead, Los Angels Superior Court tried the case. The Judge was convicted of felony DUI, sentenced to three years of probation and ordered to pay Payne $390,000. He also had to spend 75 days in jail.
Judge Millard’s insurer paid $1.1 million to Payne for medical bills and lost present and future wages.
While the appellate judge for the Fourth District Court did not accept the defense’s argument challenging the validity of the BAC test, he did agree to recalculate the restitution amount, because the original amount overcompensated for attorney’s fees.
Driving while intoxicated in Southern California can have real and permanent consequences, and even those who should know better – including judges and prosecutors who know California DUI law intimately – sometimes slip up. Fortunately, with the aid of a savvy, experienced attorney, defendants can often find alternative sentencing possibilities and legal mechanisms to battle back against charges. To get efficient, client-focused help with your case, connect with the law offices of Stephen Brodsky today. Explore our website, CriminalAttorneySanDiego.com, or call or email our staff to set a free consultation.
