Court Closes Loophole for Drunk Drivers

A state appeals court in Santa Ana has closed a loophole that could have allowed scores of repeat drunk drivers to avoid felony charges.

The 4th District Court of Appeal ruled that felony prosecutions of repeat drunk drivers should be allowed even though the Legislature mistakenly eliminated the law for 10 weeks last year.

The mistake was corrected in September 1999, 10 weeks after a new set of drunk-driving laws took effect without including felony charges for some repeat offenders.

Earlier this year, an Orange County Superior Court judge dismissed felony charges against Rodolfo Najera Blanquel, citing the loophole.

But the Santa Ana appellate court ruled that the Legislature never intended to do away with the felony charge, and that it just forgot to include a few code numbers while restructuring the drunk-driving laws.

Orange County Deputy Public Defender Kevin Phillips said he is considering whether to ask the state Supreme Court to review the case, which he said could affect scores of similar cases in other counties.

Under California law, drunk driving can be a felony in several instances, including those involving injuries or certain repeat offenses.