Rebecca Ocain

A San Diego County prosecutor who pleaded guilty to drunk driving last year is fighting new charges of driving under the influence and hit-and-run, accused of crashing into the retaining wall of a cemetery and leaving the scene.

Deputy District Attorney Rebecca Ocain pleaded not guilty to all charges at her arraignment last week, and a trial is scheduled early next month. Ocain, 39, is facing three misdemeanor charges and could receive up to one year in jail if convicted.

Ocain remains an employee of the District Attorney’s Office, officials said, declining to comment further on her status. Ocain’s attorney, J. Gregory Turner, has not responded to a request for comment.

According to the California Highway Patrol, Ocain was driving east on Victoria Park Terrace in Alpine about 10:15 p.m. on Aug. 8 when she drove through a stop sign at West Victoria Drive, across the street and into the wall bounding Alpine Cemetery.

“She got out and began walking away from the scene,” CHP Officer Kevin Pearlstein said. “A deputy saw her. She was suspected of being under the influence. She was released to the hospital after complaining that her left wrist was injured.”

Although a county sheriff's deputy spotted Ocain, "the CHP has primary jurisdiction in unincorporated San Diego County on all traffic issues" and therefore handled the case, Pearlstein said.



Ocain was cooperative with officers and arrested about 35 minutes after the crash, the CHP said. She was not taken to jail. Pearlstein said it is not unusual to permit a DUI suspect to avoid immediate custody in a misdemeanor case.

The prosecutor received the same treatment as any other suspect in a misdemeanor criminal case, Pearlstein said. The facts surrounding the late-night crash and injury did not support the filing of felony charges, he said.

“For a felony DUI, there has to be injury to another party,” Pearlstein said. “When people just crash and injure themselves, it’s a misdemeanor under the law.”

The case is being prosecuted by the state Attorney’s General’s office to avoid any conflicts of interest with local prosecutors. The state office prosecuted Ocain after she was arrested for driving drunk in October 2013 as well.

Ocain pleaded guilty to those charges in January 2014, including an allegation that she was driving with a blood-alcohol content greater than 0.15, nearly twice the legal limit for operating a motor vehicle.

She lost her driver’s license for one year; DMV records show it was reinstated on March 27.

The latest charges also allege that Ocain was driving with a blood-alcohol content of 0.15 percent or greater. Pearlstein declined to release her actual level in the August case.

Law enforcement agencies across San Diego County have taken a tougher stand on drunk driving cases in recent weeks as the number of fatalities rose. Eleven people were killed in DUI-related crashes between May and August.

“This is one crime that is entirely preventable,” Sheriff Bill Gore warned in a news release just ahead of the Labor Day weekend. “You will go to jail if our deputies stop you for driving under the influence.”

District Attorney Bonnie Dumanis was also quoted in the news release.

“This has been a summer of shame when it comes to fatal DUIs,” she said. “The conduct of the individuals who caused these crashes is horrific.”

In a statement issued Tuesday, spokeswoman Tanya Sierra said Dumanis is dedicated to reducing cases of drunk driving and the deaths that come with them.

“Our office is committed to holding multiple DUI offenders responsible for their actions and for decreasing the disturbing trend of DUI-related fatalities in the county,” she said. “The alleged actions of one DA employee, which is a separate personnel matter, have no impact on that commitment.”

Ocain is appearing in South County court to avoid conflicts with her duties in East County, the DA’s office said.