Does this sound like a serious felony? According to the Orange County District Attorney's office, Andy Quach, 37, a Westminster City Councilman, "sideswiped another car in his Mercedes Benz S550, lost control, struck a cement wall leading into the backyard of homes, and severed an electricity poll. At the scene, the defendant showed objective signs of intoxication including blood shot eyes, slow and slurred speech, and emitted a strong odor of alcohol on his breath and body. The defendant's balance was unstable and he performed poorly the field sobriety tests given by the police officer. Quach had a blood alcohol level of .26 percent."

Yesterday, in a plea deal with prosecutors, Quach pleaded guilty to one misdemeanor count of driving under the influence of alcohol, one misdemeanor count of driving with a blood alcohol level over .08 percent, and a sentencing enhancement for having a blood alcohol level over .20 percent while driving. He was sentenced to three years of informal probation, 10 days of Caltrans work program, fines and fees totaling $2,000, and a 9-month alcohol awareness program. According to Farrah Emami, spokeswoman for the Orange County District Attorney’s Office, this sentence is a "standard sentence that would be agreed upon for a first time offender."

The DA's release said "A few minutes past midnight, on Aug. 2, 2009, Westminster police officers responded to a traffic collision at 8821 McFadden Avenue in Westminster. Shortly after police arrived, the engine area of the defendant's car burst and ignited in flames. No one was injured in the crash.

Your Editors were curious about why this did not draw a more serious sentence and why it was not considered a felony. According to Emami, "Statutorily, based on the circumstances of this case, it could only be filed as a misdemeanor." Even the presence of a serious injury does not necessarily make it a felony. Emami said "If the only crime that's being committed is driving under the influence, but the defendant isn't committing any other infractions...there's no speeding, there's no weaving in and out of lanes, things like that, and somebody gets injured, that could still be a misdemeanor based on the circumstances."

In the drunk driving cases which make headline news, there are usually more egregious crimes involved in addition to simply driving under the influence. Emami said "We have hundreds and hundreds of misdemeanor D.U.I. cases every year, they just don't receive any attention. In this case, it's receiving attention based on the fact that the defendant is a city council member."

This of course, led us to the question in the back of everybody's mind. We asked if charging this case as a misdemeanor had anything to do with the fact that he is a city council member. Emami said "Of course not. Anybody who committed the same crime and had similar circumstances would be charged the same way."

Fortunately, some innocent jogger was not out for a late night run at the same time and in the same place. Hopefully, Quach will learn from this.