Man gets probation for reckless driving
Will Bigham, Staff Writer
Created: 05/23/2011 06:58:33 PM PDT

WEST COVINA – Chino and Rialto’s city attorney pleaded no contest to a misdemeanor count of reckless driving Monday in a case stemming from his arrest on suspicion of drunken driving.

Jimmy Gutierrez’s plea in West Covina Superior Court came as part of a plea agreement with prosecutors, who agreed to drop two counts of driving under the influence.

Gutierrez was placed on probation for three years and fined $1,663, which he paid immediately after the hearing.

A California Highway Patrol officer arrested Gutierrez in October on the 60 Freeway in Industry on suspicion that he was driving drunk.

Gutierrez likened prosecutors’ dismissal of the DUI counts to a determination of innocence. A prosecutor disputed that characterization.

“The district attorney has determined I’m innocent of driving under the influence,” Gutierrez said. “After reviewing all the evidence, the district attorney dismissed all the charges against me.”

Deputy District Attorney Daphne Smith said that blood drawn from Gutierrez about an hour after his arrest yielded a blood-alcohol measurement of 0.10, which exceeds the legal limit of 0.08.

But in the event of a trial, Gutierrez planned to use a “rising blood-alcohol defense,” in which he’d argue that his blood-alcohol level was lower than 0.08 while driving and rose after his arrest, Smith said.

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