Sheriff’s deputy charged with DUI after allegedly speeding down LOVR

A San Luis Obispo County sheriff’s deputy recently hired by the agency will be suspended without pay for 30 days following a DUI arrest while off-duty last month.

James “Jim” Fellows was pulled over on Los Osos Valley Road near Turri Road by a CHP officer on the night of Oct. 8. Fellows was clocked driving about 102 mph, according to the CHP.

On Oct. 27, the San Luis Obispo County District Attorney’s Office filed misdemeanor charges of driving under the influence of alcohol and driving with a blood alcohol content of 0.08 or higher. Assistant District Attorney Lee Cunningham confirmed Thursday that Fellows’ blood alcohol content was recorded at 0.15.

Fellows is scheduled to enter a plea at a Nov. 22 arraignment.

On Thursday, CHP Lt. Mike Brown said Fellows was issued a citation for suspicion of driving under the influence following a breathalyzer test. Because he had a sober driver to come drive him away, Brown said, the officer did not arrest Fellows or book him into County Jail.

That is not unusual, Brown said. Suspected DUI drivers may be released on-site if they have another sober person to look after their welfare or drive the vehicle to their destination, he said.

Brown said on any given night, the CHP may have one or two patrol officers covering the San Luis Obispo area and transporting misdemeanor suspects to County Jail — which takes those officers off patrol.

“The booking process for DUI is not punitive in nature; it’s for (the suspect) to have a safe place to go and for us to establish their identity,” Brown said. “(Releasing on-site is) not necessarily standard practice, but it’s not unusual.”

Fellows was hired as a deputy sheriff in September and was on a 12-month new-hire probationary period at the time of his arrest, Sheriff’s Office spokesman Tony Cipolla said Thursday.

Cipolla said Fellows was placed on administrative leave after his arrest. Following an internal department investigation, he was released back to work on Nov. 9.

After his criminal case is adjudicated, he will serve a 30-day suspension without pay and be placed on a “last chance” agreement that will extend his administrative probationary period for three years, Cipolla said.

“Every case of improper conduct is different and must be taken on a case-by-case basis,” Cipolla wrote in an email Thursday. “In this particular case, Deputy Fellows was in fact employed for a short time, however had been an employee for more than 20 years in law enforcement, without prior such conduct, no disciplinary actions taken against him and an exemplary record.”

Fellows’ attorney, Ilan Funke-Bilu, said Thursday that Fellows made a mistake and didn’t ask for, nor receive, special treatment because he’s in law enforcement. He praised the Sheriff’s Office for allowing Fellows to keep his job.

“I think this was a courageous and, at the same time, a reasonable decision by the Sheriff’s Office to allow this officer who’s done so much with community-based law enforcement to stay with the department,” Funke-Bilu said. “It’s recognition of an asset that is irreplaceable.”

The attorney added that Fellows was assigned to the San Luis Obispo Police Department’s successful Community Action Team that operated as a liaison between the department and the city’s homeless and low-level chronic offender population. According to Tribune records, Fellows had worked as a San Luis Obispo officer for 12 years.

“Yes, he’s human. Yes, he’s not flawless,” Funke-Bilu said. “But on a balance of the good and the bad, the good he’s done in this community so outweighs this (incident).”

If convicted of his first DUI offense, Fellows would be required to pay a fine of about $1,800, attend DUI classes, perform community service and possibly — but not likely — spend up to a few days in County Jail.

This story was originally published November 17, 2016 at 5:07 PM with the headline "Sheriff’s deputy charged with DUI after allegedly speeding down LOVR."