Newly elected San Juan Bautista City Councilman George Dias
pleaded not guilty to driving under the influence charges and will
be back in court Tuesday
– the same day of his first official city council meeting.
San Juan Bautista – Newly elected San Juan Bautista City Councilman George Dias pleaded not guilty to driving under the influence charges and will be back in court Tuesday – the same day of his first official city council meeting.
Dias was arraigned Dec. 7 in the San Benito County Superior Court, where he pleaded not guilty to charges stemming from his arrest last spring for a misdemeanor DUI. Police toxicology tests showed Dias had a blood alcohol level of .22 – nearly three times the legal limit – after he was arrested at 11:15pm on May 1 on Franklin Street in San Juan. The legal limit is below .08.
Dias retained local lawyer Bill Tiffany to represent him, but neither Tiffany or Dias returned phone calls Friday.
District Attorney John Sarsfield said pleading not guilty to a DUI charge is expected and usually means the defendant and their attorney need more time to decide how they’re going to proceed on the charges.
A not guilty plea doesn’t necessarily mean Dias plans on fighting the charge, Sarsfield said.
“All a not guilty plea does is put the government on notice they have to prove the allegations, and there’s nothing wrong with that at all,” Sarsfield said. “In any case we file we expect someone to walk in and plead not guilty.”
Dias was elected to the council Nov. 2, receiving 36.1 percent of the vote.
If Dias is convicted of a misdemeanor driving under the influence, he would face a mandatory 48 hours in the county jail and a fine around $1,500, Sarsfield said. The maximum sentence a DUI conviction can result in is six months in jail.
Sarsfield said people often go to alcohol counseling as a condition to keep their driver’s license, but that is ultimately decided by the Department of Motor Vehicles. Typically, people lose their license if they refuse a blood, breath or urine test when they’re arrested, he said.
“That is not the case here,” Sarsfield said. “Mr. Dias has been very cooperative.”
Dias’ is scheduled to appear in court for a pre-trial hearing on Dec. 21.
