GILROY
– For at least the third time in the past two decades, longtime
City Councilman Charlie Morales was arrested Sunday for driving
under the influence of alcohol.
GILROY – For at least the third time in the past two decades, longtime City Councilman Charlie Morales was arrested Sunday for driving under the influence of alcohol.

Morales was stopped by California Highway Patrol officer Scott Clys around 7:30 p.m. Sunday while traveling northbound on Highway 25 south of the San Benito and Santa Clara county line. Clys pulled Morales over after he repeatedly hit his brakes and crossed over the white edgeline of the road by as much as a foot and a half, CHP spokesperson Terry Mayes said.

The 56-year-old councilman subsequently failed a roadside sobriety test and was booked into San Benito County jail, where he submitted to a blood test. The CHP said charges will be filed with the San Benito County district attorney next week. Results from the blood test will not be available for roughly another month, the CHP said.

Morales, who declined to comment in much detail, said he would not resign from City Council over the incident. Morales’ term expires in November 2005.

“This is my personal cross to bear and I ask for forgiveness …,” Morales said in a brief interview Wednesday. “I have a serious problem that I have to face. I’ll continue meeting my obligations (to City Council), I’m strong enough.”

The June 29 arrest comes less than two months before Morales’ three-year DUI probation was set to expire in August, court records reveal. The probation violation opens the door to fines up to $1,000, a one-year jail sentence and an 18-month driver’s license suspension, court documents indicate.

It also opens the door to questions about Morales’ ability to govern effectively as he prepares to face a San Benito County district attorney’s office that has a self-described “moderate to stern” track record against DUI cases.

“I spoke with Charlie on Sunday night,” fellow Councilman Bob Dillon said. “He was apologetic, and I think he’s been humbled. I can’t tell him what to do, but I would (resign) if it were me.”

Councilman Peter Arellano said Morales’ future is between himself and the court.

“As long as he performs his functions at the dais, then what he’s going through, what happens in his personal life, what he decides to do is up to him,” Arellano said. “If it affects his performance and he can’t attend meetings and he can’t attend workshops … then he has to consider (resigning). We can’t have him out a year,” Arellano said.

Mayor Tom Springer declined to comment in detail, noting that his personal support for Morales was his primary concern for now.

“I know Charlie has been under a lot of stress lately. I know he understands the importance of getting treatment,” Springer said. “Right now, the best thing is for him to get support and the treatment he needs. The rest we can worry about later.”

Councilmen Craig Gartman, Roland Velasco and Al Pinheiro did not return phone calls before deadline.

If Morales resigns, City Council would appoint a successor who would serve until the next general election.

Deputy District Attorney Stephen Wagner said Morales could face between 25 days and a year in jail depending on the circumstances of the most recent arrest. Morales’ conviction three years ago allows a judge to enhance any future sentencing, Wagner said.

Morales suffered at least one other DUI arrest before 1999. Court records show that two cases, from 1983 and 1989, had been filed against Morales. It is unknown if both were DUI cases, since the records have been purged.

Wagner said those cases happened too long ago to be considered when Morales pleads the case. A date for the pleading has not been set. As of press time Thursday, Wagner’s office had not received Morales’ case.

There are no aggravating circumstances, such as injury, in the most recent DUI arrest for Morales. However, Morales’ prior arrest came with a second charge. On Dec. 11, 1999, when he ran a red light at Murray Avenue and Leavesley Road without looking, Morales had a passenger in the car who was under 14 years of age.

The child was Morales’ daughter, who was traumatized by the incident, according to CHP reports. The report says Morales told a CHP officer that his daughter was upset over his recent divorce with the girl’s mother. It also reveals that Morales had trouble blowing into the breathalyzer, before blowing .17 and .18 blood alchohol counts. The legal limit is .08.

Morales, who is a probation officer at the Harold Holden Ranch for Boys in Morgan Hill, apologized publicly for the incident which he described as “a bad choice” resulting from stress over personal problems and wine he had with dinner that night. According to a Dispatch article that followed the 1999 incident, Morales said he did not think he was impaired when he got into the car.

Morales, who made youth programs a central part of his city council campaigns, pled guilty to drunk driving in 2000. He was ordered to pay more than $800 in fines, was sentenced to several days of weekend labor and was ordered to complete a first offender counseling program, according to court records.

Morales successfully completed that program at Community Solutions in July 5, 2000, records state.

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