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Deputy who drank alcohol before DUI hearing will not face additional charges

June 14, 2011 |  2:47 pm

A former Orange County sheriff's deputy will not face additional charges after he was suspected of being drunk at his sentencing last week, a prosecutor said Tuesday.

Allan James Waters, 37, of Laguna Niguel, was set to be sentenced Friday after he pleaded guilty in April to 12 felonies, including driving under the influence. After a bailiff said he smelled alcohol on Waters' breath in court, the sentencing was postponed and Orange County Superior Court Judge Frank Fasel increased Waters' bail from $100,000 to $250,000.

But on Tuesday, Deputy Dist. Atty. Brock Zimmon said there was insufficient evidence to file extra charges against Waters. Waters had only violated a condition of his bail that he not consume alcohol, Zimmon said, which resulted in the bail increase.

Waters was re-arrested and remains in Orange County Jail until his next court appearance, scheduled for Wednesday.

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-- Kate Mather

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