GILROY
– On his 57th birthday and on the morning of a City Council
meeting he would preside, veteran Councilman Charlie Morales
pleaded not guilty at an arraignment Tuesday on charges stemming
from a driving under the influence of alcohol arrest in June.
GILROY – On his 57th birthday and on the morning of a City Council meeting he would preside, veteran Councilman Charlie Morales pleaded not guilty at an arraignment Tuesday on charges stemming from a driving under the influence of alcohol arrest in June.
Morales and his attorney, Milton Gonzalez, did not appear at the San Benito County courthouse Tuesday, instead they sent Hollister lawyer Harry Damkar to make the innocent plea. Damkar said Gonzalez was “tied up with another court proceeding” elsewhere and declined to comment further.
Morales’ case is at the San Benito courthouse since California Highway Patrol officers stopped him just south of the Santa Clara County line.
A Sept. 23 pre-trial conference between Gonzalez, Superior Court Judge Steven Sanders and the San Benito County District Attorney’s Office is the next step in the case that apparently has led to Morales’ retirement as a youth probation officer and brought calls for him to step down from the city dais.
Morales retired Aug. 1 from Holden Ranch for Boys, a home for troubled youth in Morgan Hill, the county has confirmed. Morales has not publicly responded to calls for him to resign from City Council, but soon after the arrest he told the The Dispatch he was “strong enough” to complete the remainder of his term, which ends in November 2005.
If Morales stepped down, City Council would appoint his successor to fill the remainder of the term.
The pre-trial, which is typically held in the judge’s chambers, may be used to see if prosecution would reduce charges. In some instances, a judge may indicate the sentence he or she would invoke given a guilty verdict.
“Pre-trial discussions are done to see if the parties involved can work out a possible resolution,” said Robert Landry, a legal assistant for Gonzalez.
Gonzalez did not return phone calls by Wednesday’s deadline. Morales refused to comment in an attempted interview Tuesday night.
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.
CHP 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.
The Councilman’s blood-alcohol level registered .23, nearly three times the legal .08 limit.
When asked why Morales is pleading not guilty to the DUI charge, Gonzalez said lawyers were obligated to see if the charges and the prior convictions were valid.
“We are in the process of researching and fact gathering right now,” Landry said. “You don’t just walk in and plead guilty.”
Morales has a prior DUI conviction on his record from 1999 when he ran a red light at Murray Avenue and Leavesley Road without looking. He had a minor in the car during the incident and blew a .18 on a breathalyzer test.
Morales was less than two months away from finishing the terms of his probation with Santa Clara County when the June 29 arrest happened. The June 29 arrest was the third DUI against Morales in the past 15 years.
