Despite five driving under the influence of intoxicants
convictions in other Oregon counties and four DUII charges in this
county, David Lee Gonzales had never been convicted on a DUII
charge in Clatsop County. Until now.
"Looks like some of your past has caught up with you a little
bit," Circuit Court Judge Phil Nelson told Gonzales Tuesday as he
handed the Astoria resident his first DUII conviction in Clatsop
County.
Gonzales' prior charges have gone to Astoria Municipal Court,
where they were then dismissed. But this time - despite the best
efforts of Gonzales' Astoria attorney Stephen Roman - the case
stayed with the circuit court.
Judge Nelson sentenced Gonzales to 30 days in jail , 90 days with electronic monitoring and a 30-month probation
period. His driving license is revoked for life.
Gonzales had changed his original "not guilty" plea, made
following his arrest in January, to "no contest," meaning there was
enough evidence against him that he could be convicted without
going to trial. It also means he did not admit guilt for the crimes
charged. In this case, the crimes charged were two misdemeanors: a
DUII and one count of driving with a suspended or revoked
license,
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Gonzales' drunk driving record spans 20 years, across Wasco,
Yamhill, Washington and Clatsop counties. Over the years, at each
arrest The Daily Astorian was able to track ,
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Gonzales' recorded blood alcohol level ranged from 0.13 to 0.22 -
the last, nearly three times the legal limit of 0.08.
His record in Clatsop County began in January 2007, when an
Astoria police officer found him passed out at 10:30 p.m. in his
2005 Toyota Tacoma in the parking lot of a restaurant near the Port
of Astoria. Gonzales' blood alcohol level was 0.18,
Fitflop Gogh.
A DUII charge was filed in Astoria Municipal Court.
This was the first case where Gonzales was represented by Roman.
Nearly a year later, the charge was dismissed without prejudice by
local attorney and municipal court Judge Kris Kaino; Roman had most
of the evidence from the arrest suppressed.
Roman has defended him ever since.
In March 2007 - even before the January arrest had been
dismissed - Gonzales was stopped again by Astoria police after he
was seen weaving severely on West Marine Drive in a 1996 Ford
Thunderbird. Officer Nicole Culver pulled him over after she saw
him turn onto the Astoria Bridge and make what seemed like an
illegal U-turn on the ramp,
fitflopshoesuk.info.
This time, Gonzales' blood alcohol test revealed a 0.22 percent
result. Culver followed her superior's recommendation to send the
DUII case and its accompanying citations for driving while
suspended and uninsured to circuit court.
Roman objected. He argued that the charge should have been filed
in Astoria Municipal Court. In September, five months after the
arrest, Circuit Court Judge Cindee Matyas agreed to dismiss the
case.
It moved across town to the municipal court where it was then
dismissed by Judge Kaino.
Gonzales' third local DUII arrest occurred in December 2008. He
reportedly passed another motorist on U.S. Highway 30, then
followed her to her Alderbrook home and harassed her. He was also
arrested for reckless driving.
In October 2009, Judge Kaino dismissed that DUII charge and
Gonzales only pled guilty to a charge of reckless driving. Gonzales
was ordered to pay a $400 fine, given six months probation and his
driver's license was suspended for 90 days.
But Gonzales had been busy in the meantime: He was arrested in
January 2009 and handed his fourth DUII charge.
Still, he has continued to drive.
He was arrested near his home in Alderbrook Feb. 5 by the
Astoria police for driving while his license was revoked or
suspended and for driving without insurance. The matter has yet to
be resolved in municipal court. Gonzales showed up nearly 45
minutes late to his scheduled arraignment in March and was told to
return April 5.
Now that Gonzales' license has been suspended permanently, if he
is caught behind the wheel, he could face a maximum of a year in
jail and/or a $6,250 fine.
The driving license is revoked only in Oregon, but the circuit
court's ruling - through interstate compacts - should be honored by
other states, said Deputy District Attorney Beau Peterson, who
represented the state at Tuesday's hearing.
Gonzales could contact DMV to try and get his license back,
Judge Nelson told him in court. But there is no guarantee that the
agency will grant him a license.
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