Judge Faces at Least 10 Days in Jail if He Pleads to DUI

Suspended Superior Court Judge Robert Bradley faces a sentence of at least 10 days in jail if he pleads guilty to two counts of misdemeanor drunk driving--but his attorney plans to ask that time spent in an in-patient treatment program be counted.

“It may be that some of the time he has spent in treatment will qualify,” attorney George Eskin said Wednesday. “I will argue that the court should consider the time the defendant has spent in confinement.”

Bradley, 56, is hospitalized on paid disability leave and does not plan to appear for arraignment Tuesday for driving under the influence of alcohol Dec. 6 and Jan. 3--charges to which Eskin said Bradley will plead guilty or no contest.

But Eskin said it is uncertain how much time the judge will actually spend in jail, if any.

State law requires that a convicted drunk driver spend 48 hours to six months in county jail on a first conviction and 10 days to one year in jail on a second offense.

“Ordinarily, people get about 30 days of some kind of confinement on the second conviction,” Eskin said. “It could be jail, it could be community service, it could be work release or work furlough, electronic monitoring or placement in a treatment program.”

Eskin said he will argue to Santa Barbara Municipal Judge Denise DeBellefeuille on Tuesday that Bradley receive the minimum sentence of 10 days confinement, with credit for some of the two months-plus he has served in treatment programs. Fines and fees of $1,500 to $3,000 could also be imposed, he said.

Because Bradley’s blood-alcohol level was so high when he was arrested--exceeding 0.20% both times compared to the state’s 0.08% intoxication standard--two special factor allegations have been added to the charges, prosecutors said. The judge’s blood-alcohol level was reported as 0.21% and 0.23% in the December arrest and 0.27% in the January arrest.

No increase in sentence is required under state law, but the statute says such high blood-alcohol levels “may justify enhancing penalties in sentencing.”

Eskin said he will ask the judge to announce Bradley’s sentence Tuesday so the attorney can inform Bradley at his out-of-county hospital. At that point, the veteran jurist would sign a document admitting guilt, allowing for a formal sentencing later, Eskin said.

Bradley, a judge for 15 years, spent a month at a rehabilitation hospital after his Dec. 6 arrest and reentered a full-time treatment program Jan. 13 after the second drunk-driving arrest and showing up to work apparently intoxicated.

Eskin said that if Bradley’s treatment facilities qualify under state and federal licensing, Bradley’s time there could be counted as confinement.

The state attorney general’s office is handling the prosecution because Ventura County Dist. Atty. Michael D. Bradbury declared a conflict of interest.

Bill Maile, spokesman for the attorney general, said his office will not discuss the punishment it intends to seek for Bradley until next week’s hearing.

But Deputy Dist. Atty. John Cardoza, supervising misdemeanor attorney in Ventura County, said a typical request by his office for a two-time drunk driver is 30 days in jail, a $1,500 fine, five years probation and an 18-month suspension of the driver’s license.

The 30-day jail sentence is nearly always served in a county jail or work-furlough program, Cardoza said. The furlough program allows convicts to work at their usual jobs during the day but requires them to spend nights in a barracks-style detention facility in Camarillo, he said.

“There will be situations where something will mandate some alterations, but that’s rare,” he said.

For example, some convicts have physical limitations that require that time be served differently, he said.

Bradley has been on disability leave from his job for all but a few days since Dec. 6.

Under state law, a judge can miss 90 court days because of disability or sickness in a 12-month period before the case is forwarded to the state Commission on Judicial Performance for possible action.

Bradley’s term expires at the end of the year. He did not file for reelection.