Wednesday, May 10, 2017

Reproval For Alcohol-Related Problems

A private reproval was imposed by the California State Bar Court Review Department based on a stipulated disposition

On June 30, 2014, respondent went to the hospital for treatment for alcohol problems. Respondent was given an IV while at the hospital. Against medical advice, respondent left the hospital without receiving treatment, and with the IV still in her arm. At the request of the hospital, the Roseville police department performed a welfare check on respondent later that day. Respondent was intoxicated at the time of the welfare check, but did not return to the hospital.

Shortly before 12:20 p.m. on the following day, July 1, 2014, respondent was involved in an automobile accident with Ariana and Bruce Bakeman ("Bakemans") in Roseville, CA. Respondent rear ended the Bakeman’s vehicle. Ariana Bakeman was evaluated at the scene for complaints of neck and back pain and dizziness.

Both vehicles pulled into a Target parking lot. Respondent spoke with the passenger, Bruce Bakeman, for a few moments and provided him with her driver’s license.

Contrary to the Bakemans’ request for respondent to await police arrival, respondent left the scene.

The Bakemans reported the accident to the Roseville Police Department as a hit and run collision with injuries.

The license plate number provided by the Bakemans was traced to respondent. Ariana Bakeman subsequently positively identified respondent in a photo lineup.

At approximately 5:30 pm that day, respondent was arrested at a nearby Johnny Garlic’s restaurant and jailed for violation of Penal Code section 849(b)(2). While in jail, respondent was also charged with violation of Vehicle Code section 20001 (a) for the earlier auto accident.

One of the officers that investigated the auto accident recognized respondent’s name, and recalled performing welfare checks at respondent’s home, including the evening before, and previously arresting her for driving under the influence.

In separate matters

On July 14, 2009, respondent became intoxicated from the consumption of alcohol and wandered onto a construction site. Respondent detained pursuant to Penal Code section 849 (b)(2). Respondent was issued a citation for violation of Penal Code section 647(t"). The case was dismissed on September 28, 2009 in the interest of justice.

On October 3, 2009, respondent reported being assaulted by her then husband. On October 6, 2009, respondent left a message on the investigating officer’s voicemail that she had lied about the assault to avoid arrest for public drunkenness or professional discipline. Respondent was charged with violation of Penal Code section 148.5 [Making a False Report of a Crime], a misdemeanor. The case was dismissed in the interest of justice on September 16, 2010.

Sanction

Within three days of being released from jail on July 3, 2014, respondent took immediate steps to address her alcohol problems by voluntarily enrolling in an one year intensive outpatient chemical dependency program and seeking support through participation in Alcoholics Anonymous and religious activities. She completed the outpatient program shortly after her criminal case settled in 2015.

Respondent had approximately 13 years of discipline free practice at the time of her misconduct in 2014 (eight years of discipline free practice at the time of the citation for public drunkenness on July 2009).There is no evidence to refute her claim of sobriety for the past 2 ½ years or to suggest that her misconduct will recur.

There are several conditions attached to the reproval. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/05/on-june-30-2014-respondent-went-to-the-hospital-for-treatment-for-alcohol-problems-respondent-was-given-an-iv-while-at-the.html

Bar Discipline & Process | Permalink

Comments

A small nit but it is actually a stipulated decision from the Hearing Dept.

Posted by: David Cameron Carr | May 11, 2017 7:56:49 AM

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