WEST COVINA -- Chino's longtime city attorney pleaded no contest to a misdemeanor count of reckless driving today in his case stemming from an 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.
Gutierrez, Chino's city attorney since 1975, was arrested by a California Highway Patrol officer in October for allegedly driving drunk on the 60 Freeway in the City of Industry.
Gutierrez likened prosecutors' dismissal of the DUI counts to a determination of innocence. A prosecutor disputed Gutierrez's characterization of the plea agreement.
"The (Los Angeles County) 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.
Such a rise could have occurred if Gutierrez drank immediately before driving, Smith said.
Smith said prosecutors were unable to find witnesses to describe what Gutierrez drank before his arrest.
Said Gutierrez: "This case is one where the arresting officer's judgment that I was driving under the influence was mistaken."
"This incident inspires me to exercise great caution before driving and to encourage others to do the same," he continued. "I thank God, my family and my friends for the support they have given me."
Gutierrez declined to answer specific questions about the circumstances of his arrest or about whether he was drinking, saying such questions were "irrelevant at this point" in light of the case's resolution.