Monday, March 01, 2010
Social Host pleads guilty even though no under 21 drinkers brought alcohol in the house!
Talk about a tough plea in a tough San Diego court. And it's not even drunk driving or a San Diego DUI. Defense lawyers and Criminal attorneys look at this with wonder.
Here's how one college paper talked about it:
The mother who allegedly allowed a nice size party of teens get drunk at her home last summer has pleaded guilty to violating the county's social host ordinance. Deborah Gibney, 47, was sentenced Feb. 9 to three years' probation, a $300 fine, parenting classes and a Mothers Against Drunk Driving victim impact class.
She had faced up to six months in jail and a $1,000 fine under the county law that requires adult hosts to make sure no minors are drinking at their home. Under the ordinance, adults who know or "reasonably should have known" about underage drinking can be prosecuted for a misdemeanor violation.
Gibney is one of only four people ever charged under the 6-year-old county ordinance. Eacret said MADD and parenting classes are not specified in the county ordinance, but he thought they were suitable consequences for Gibney's violation.
Lt. Phil Brust, who heads the Fallbrook Sheriff's Substation, said he was pleased with the case's outcome.
"We're hopeful that this will cause people to think twice before they plan on having a party with juveniles where there will be alcohol present," Brust said.
Gibney also had faced a misdemeanor charge of obstructing a peace officer after authorities said she refused to cooperate with deputies at Fallbrook Hospital, where she took an extremely drunk 17-year-old girl from her house.
That charge was dismissed in return for Gibney's plea to the social host violation, Eacret said.
The case stemmed from a June 10 party at Gibney's sprawling Greenacres Road property. Brust said deputies who responded there in the wee hours found abundant teen drinking and about a dozen kids so drunk they were vomiting. Authorities were alerted to the gathering when Gibney brought the sick, intoxicated teen to the hospital.
Gibney, who could not be reached Tuesday, said in the past she intended the party as a small, alcohol-free, end-of-the year gathering for her three teens and their friends from Cathedral Catholic High School in Carmel Valley.
She said the party got out of hand and overwhelmed her when booze-toting crashers swelled the crowd to more than 100, with kids drinking outside on the 95-acre property. She said she didn't call authorities, but tried to handle the situation herself.
A second Fallbrook mother is awaiting trial under the social host ordinance for allegedly failing to prevent a 19-year-old from drinking at her house.
Prosecutors say Sheri Lee Windbigler, 45, allowed Sean Walker Jordan to drink at her house on Dec. 20. Shortly afterward, the Fallbrook High graduate died in an alcohol-related crash.
Windbigler has said she confiscated rum from Jordan after he showed up with the liquor at her home at 1 a.m. Her son and his friends were not drinking at the home, she said.
She said she made Jordan promise to sleep over before she went to bed. Instead, he left while she slept, Windbigler has said.
Sheriff Bill Gore said in a statement that the Sheriff’s Department and the district attorney's office planned to "aggressively prosecute" future cases under the social host ordinance.
Here's how one college paper talked about it:
The mother who allegedly allowed a nice size party of teens get drunk at her home last summer has pleaded guilty to violating the county's social host ordinance. Deborah Gibney, 47, was sentenced Feb. 9 to three years' probation, a $300 fine, parenting classes and a Mothers Against Drunk Driving victim impact class.
She had faced up to six months in jail and a $1,000 fine under the county law that requires adult hosts to make sure no minors are drinking at their home. Under the ordinance, adults who know or "reasonably should have known" about underage drinking can be prosecuted for a misdemeanor violation.
Gibney is one of only four people ever charged under the 6-year-old county ordinance. Eacret said MADD and parenting classes are not specified in the county ordinance, but he thought they were suitable consequences for Gibney's violation.
Lt. Phil Brust, who heads the Fallbrook Sheriff's Substation, said he was pleased with the case's outcome.
"We're hopeful that this will cause people to think twice before they plan on having a party with juveniles where there will be alcohol present," Brust said.
Gibney also had faced a misdemeanor charge of obstructing a peace officer after authorities said she refused to cooperate with deputies at Fallbrook Hospital, where she took an extremely drunk 17-year-old girl from her house.
That charge was dismissed in return for Gibney's plea to the social host violation, Eacret said.
The case stemmed from a June 10 party at Gibney's sprawling Greenacres Road property. Brust said deputies who responded there in the wee hours found abundant teen drinking and about a dozen kids so drunk they were vomiting. Authorities were alerted to the gathering when Gibney brought the sick, intoxicated teen to the hospital.
Gibney, who could not be reached Tuesday, said in the past she intended the party as a small, alcohol-free, end-of-the year gathering for her three teens and their friends from Cathedral Catholic High School in Carmel Valley.
She said the party got out of hand and overwhelmed her when booze-toting crashers swelled the crowd to more than 100, with kids drinking outside on the 95-acre property. She said she didn't call authorities, but tried to handle the situation herself.
A second Fallbrook mother is awaiting trial under the social host ordinance for allegedly failing to prevent a 19-year-old from drinking at her house.
Prosecutors say Sheri Lee Windbigler, 45, allowed Sean Walker Jordan to drink at her house on Dec. 20. Shortly afterward, the Fallbrook High graduate died in an alcohol-related crash.
Windbigler has said she confiscated rum from Jordan after he showed up with the liquor at her home at 1 a.m. Her son and his friends were not drinking at the home, she said.
She said she made Jordan promise to sleep over before she went to bed. Instead, he left while she slept, Windbigler has said.
Sheriff Bill Gore said in a statement that the Sheriff’s Department and the district attorney's office planned to "aggressively prosecute" future cases under the social host ordinance.
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