Fresno judge says four-time DUI driver to remain free, despite prosecution’s pleas for jail
A Fresno County judge on Wednesday denied a request by prosecutors to hold a four-time DUI offender in jail without the opportunity for bail.
Deputy District Attorney Christopher Moss argued before Judge James Kelley that Jennifer Claus, a Navy veteran from Kings County, was a danger to the public and should be in jail while she waits for the outcome of her case.
Claus is currently out of custody on a bail of $27,000.
Moss said Claus has four DUIs in less than five years with her most recent case happening Feb. 8 at the intersection of Highway 180 and De Wolf Avenue.
The California Highway Patrol reported Claus was driving under the influence of alcohol at about 6:30 p.m. when she ran a red light at the intersection and collided with another vehicle.
The driver of the other car sustained serious injuries and was taken to Community Regional Medical Center to be treated.
An investigation by the CHP found that Claus’s blood alcohol was at .34% — more than four times the legal limit of .08.
On Monday, Claus entered a plea of not guilty to charges of DUI with a BAC of .08 or higher causing injury, DUI while causing injury and running a red light.
Moss requested that Claus be remanded into custody and held without bail, given her history of DUIs.
“The people are concerned that with her level of repeat offending, it’s clear that Ms. Claus is not amenable to the normal means of deterrence and the people are concerned if the court allows her to remain out of custody,” Moss said.
But in all of Claus’s prior DUI cases, three in Kings County and one in Fresno County, the court granted a request for diversion. Under the diversion law, a person’s DUI can be dismissed if they successfully complete a program that can include attending AA meetings or treatment.
As a result, the Fresno County District Attorney’s office couldn’t use her prior DUI’s as enhancements in her current case, nor did it work against her in denying her bail.
Judge Kelley denied the prosecution’s request, while also noting the trend toward bail reform in California.
“The law is certainly trending toward pretrial conditions, other than enriching bondsmen, that will assure defendants appear in court,” Kelley said.
“Mr. Moss, I understand your desire to protect the public. But within the constraints of the law as it is today, the court needs to seek, when possible, less restrictive alternatives to locking someone up. And that is what i think is called for here.”
Kelley did however, order Claus to attend AA meetings at least three times a week, refrain from drinking alcohol and she must wear an ankle bracelet alcohol monitor.
Claus also can’t drive unless the vehicle has an Ignition Interlock Device installed.
Claus’s attorney Eric Schweitzer said the judge made the right call.
“(The DA’s office) were given until today to gather their proof and to show it. The California Constitution requires this and always has,” Schweitzer said “Today, the Constitution rang true in Department 32 (Kelley’s courtroom).“
Schweitzer said Claus is an honorably discharged veteran of the US Navy and will follow the judge’s orders.
“In the meantime, we will study the case more closely and seek a just result,” he said.
Claus’s next hearing is May 17.
This story was originally published April 21, 2022 at 5:00 AM.
