Hope its not a repost. I found this on a local board, interesting scenario, they seem to be blaming each other. Anyone have more info?Retired judge convicted of DUI
Retired judge convicted of DUI, acquitted of driving with .08 blood alcohol
By: North County Times wire services
FULLERTON - A 66-year-old retired Orange County Superior Court judge was convicted of drunken driving Tuesday but acquitted of driving with a .08 blood-alcohol level in a crash that injured a motorcyclist.
The jury, which began its deliberations last Wednesday, also found true the enhancement that Theodore Millard caused great bodily injury to William Payne, who was thrown from his motorcycle during the Dec. 5, 2003, crash in the city of Orange.
Deputy Attorney General Melissa Mandel said the split verdict means that the jury found that Millard was impaired by alcohol.
"They are totally different charges," Mandel said. "For the second charge, they would have had to find that his blood-alcohol was at .08 percent or above, and they didn't find that.
"He was found to be under the influence of alcohol," she said. "There was expert testimony that the central nervous system can be very impaired at any level. The jury found that he was impaired by alcohol (in an amount) under .08."
She said the law does not require a blood-alcohol level of .08 percent for a person to be guilty of drunken driving, if a lesser amount affects the central nervous system enough to impair driving.
Defense attorney Allan Stokke was not available for immediate comment.
Millard will remain free on his own recognizance pending sentencing by Los Angeles Superior Court Judge John Torribio in Norwalk on July 18, Mandel said.
Millard faces up to six years in prison, Mandel said, adding that she will recommend that the judge spend some time in custody.
Torribio handled the case, as did Mandel, because of Millard's contacts in the local legal community.
Mandel argued that Millard had a blood-alcohol level of .11 when the 2002 Ford Explorer he was driving crashed into Payne. Millard was making a left turn into a gas station when he hit the motorcyclist head-on, she said.
The 52-year-old construction worker suffered a shattered femur, broken left arm, dislocated right wrist and fractured sternum when he was thrown from the bike. He has undergone surgery and faces more operations, Mandel said.
Millard had been wrapping Christmas presents for poor children and was on his way home when the accident occurred, his civil attorney, Timothy Black, has said.
Both Payne and Millard testified at trial, Mandel said.
Stokke said prior to trial that Millard had some wine during dinner at the home of friends the night of the crash.
The lawyer called an expert who testified that Millard's blood-alcohol level at the time of the crash was .03 to .04, below the legal limit of .08 percent, Mandel said.
Mandel said her expert testified that Millard's blood-alcohol level at the time of the crash was .11 to .13 percent.
She said Stokke argued that the motorcyclist was speeding at 60 mph in a 40 mph zone when the accident occurred and that he wore a dark face shield that impeded his vision.
Millard, who headed the Orange County court in 1996 and 1997, retired in 1999 after serving on the bench for 20 years. After retirement, he worked as an alternative dispute resolution judge.