ROSWELL, Ga. - A consular from the Atlanta office of the Mexican Consulate General will serve a day in jail and just shy of a year on probation for charges stemming from an April DUI arrest on Georgia 400.
Mariano Saynez-Ruiz-Duran and his lawyer appeared in municipal court in Roswell on August 13 and pleaded guilty to the charges of DUI, less safe and speeding.
As a result of the plea agreement, Saynez-Ruiz-Duran was sentenced to serve 24 hours in the Roswell Detention Center and 11 months, 29 days probation. He was also hit with a $500 fine and will have to perform 40 hours of community service within the next six months. In addition, Saynez-Ruiz-Duran must attend a risk reduction program and abstain from drinking alcohol or taking any drugs without a prescription. He will have to also submit to random alcohol and drug testing while on probation.
Under federal law, officers with foreign consulates have only limited immunity from state criminal laws when they are performing an official function. If they're arrested, they can't be held in jail pending trial if the arrest is for a misdemeanor, however, they are required to appear in court to answer any charges. If they're convicted they can be sent to jail.