November 7, 2008 | A 59-year-old Smithfield man who
pleaded guilty to two misdemeanor charges was sentenced
in 1st Judicial Court Monday.
Luis Garcia-Arce was arrested by Logan City Police
Department Aug. 4 on suspicion of driving under the
influence of alcohol. Garcia was charged with a class
A misdemeanor for having an alcohol concentration level
above Utah's legal limit and for having a passenger
under 16 years of age in the vehicle with him at the
He was also charged with two class B misdemeanors,
because he was driving on an alcohol restricted license
and because he did not have evidence of owner's or operator's
security for the vehicle he was driving.
The defendant's attorney, Denis Mathews, said Garcia
works hard to support his family and that his family
will suffer economic losses if Garcia is sent to jail.
In response, the plaintiff said although he may be a
good man Garcia is a danger to society when he drinks
This is Garcia's third DUI in 10 years.
Judge Clint. S. Judkins said Garcia refuses to adhere
to the rules of society and asked the courtroom how
this case would be different if Garcia had killed someone
on the road while driving drunk.
"This court has a responsibility and obligation to
take him off the highway," Judkins said.
Garcia was sentenced to one year in jail and ordered
to pay the court a fine of $2,000 plus interest.
As Judge Judkins read the sentence, an interpreter
spoke to Garcia in Spanish. Garcia did not say anything
at the sentence was read. He handed his coat to a family
member who accompanied him in the courtroom before he
was led out by the bailiff.
"He's to understand if he gets caught again, it's
going to hurt," Judkins said.
Garcia was to immediately report to Cache County Jail.