In 2012, Lena Gonzalez (Now A LB Councilwoman Running For A State Senate Seat) Was Charged In OC With Two Misdemeanor DUI Counts; One Dismissed A Month Later, The Other Probation Completed/Case Dismissed Jan. 2019
LBREPORT.com is reader and advertiser supported. Support independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.
(Feb. 13, 2019, 9:10 p.m., updated 10:22 p.m.) -- Publicly available records indicate that in August 2012, Lena Gonzalez (who is today LB's 1st dist. Councilmember and running for a state Senate seat) was charged by the Orange County District Attorney's office with two misdemeanor counts of Driving Under the Influence (DUI).
OC Superior Court online records in the case indicate one count (VC 23152(b) was dismissed in Sept. 2012 and the other count (VC 23152(a)) was dismissed on January 29, 2019 pursuant to CA Penal Code section 1203.4 and/or 1203.4 (a).
[Scroll down for further.]
CA Penal Code section 1203.4, visible in full at this link, states in pertinent part:
(a) (1) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission...
At the time of the 2012 incident, Ms. Gonzalez was employed as a field representative for then-Vice Mayor/Councilman Robert Garcia. In 2014, Ms. Gonzalez sought and won election to the 1st dist. Council seat to succeed Garcia who sought and won election as Mayor.
In a statement provided to LBREPORT.com, Councilwoman Gonzalez says:
"Before I was elected to the city council, nearly a decade ago, there was an incident that occurred, which I deeply regret, but ultimately have learned from. It was an issue that was eventually dismissed & cleared. I am now extremely focused on the residents of Senate District 33- learning about their ideas, challenges and how we can work together for a better California."
Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to incumbent Long Beach officials, development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.