GILROY
– The drunken driving case involving City Councilman Charles
Morales has been delayed until Oct. 21 so lawyers can investigate
matters further, but Morales’ lawyer says his client will remain on
the city dais until the end of his term, no matter how the case
turns out.
GILROY – The drunken driving case involving City Councilman Charles Morales has been delayed until Oct. 21 so lawyers can investigate matters further, but Morales’ lawyer says his client will remain on the city dais until the end of his term, no matter how the case turns out.
Attorney Milton Gonzalez appeared at the San Benito County Courthouse Tuesday representing Morales, who was absent. Gonzalez asked Judge Steven R. Sanders to delay a pre-trial conference four weeks to allow time for an independent lab to re-test Morales’ blood sample which produced a blood alcohol level nearly three times the legal limit after he was arrested June 29.
Gonzalez said if his client is found guilty it would be unlikely he would serve the maximum one-year penalty and Morales may be able to avoid jail time altogether. Because Morales cooperated with arresting officers and was not involved in an accident, Gonzalez said there is a strong chance the judge would go easy on his client.
Since there is little chance Morales would go to jail, Gonzalez said his client’s City Council standing should be a non-issue.
“People are trying to make an issue about his ability to effectively perform his duties,” Gonzalez said. “It’s unfortunate anyone has that opinion (that Morales can’t serve effectively).”
If convicted, Morales could face 10 days to a year in jail, have his license suspended for 18 months and be forced to pay more than $1,500 in fines and court fees, according to state law. At the Oct. 21 pre-trial conference, Morales could change his plea to guilty and be sentenced or keep his not guilty plea and go to trial, San Benito Deputy District Attorney Candice Hooper said.
Morales retired Aug. 1 from his position as a youth probation officer at Holden Ranch for Boys, a home for troubled youth in Morgan Hill. Morales has not publicly responded to calls for him to resign from City Council, but soon after the arrest he told The Dispatch he was “strong enough” to complete the remainder of his term, which ends in November 2005.
As for the ongoing investigation of the arrest, Gonzalez said a “check list” of items is being looked into, from whether there was probable cause for pulling over Morales to whether a certified lab technician conducted the blood test.
California Highway Patrol officers arrested Morales June 29 on Highway 25 just south of the county line. Morales was stopped after driving a foot-and-a-half off the white edge line of the road and later failing roadside sobriety and breathalyzer tests. His blood alcohol level registered .23, the legal limit is .08.
