SANTA ANA, Calif. – A former Orange County assistant sheriff’s son who is awaiting trial on charges of participating in a videotaped gang rape will be held in a psychiatric hospital until a judge determines if his latest brush with the law was a violation of the terms of his bail.

Police said Gregory Haidl tested positive for alcohol after he was involved in a minor traffic accident on Oct. 30. Although he was not legally drunk, Haidl, 19, is too young to legally consume alcohol and, under the terms of his $100,000 bail, had agreed not to drink while awaiting trial on the rape charge.

On Friday, Superior Court Judge Francisco P. Briseno ordered Haidl held in a psychiatric hospital until a Nov. 15 hearing to determine whether his bail will be revoked. Briseno ruled that Haidl must also wear an electronic monitoring device.

Haidl and two friends are charged with gang-raping an unconscious 16-year-old girl in the garage of Haidl’s father’s Newport Beach home in 2002 – an encounter they videotaped. Defense attorneys maintain the sex was consensual.

The three are free on bail awaiting a retrial after their first trial ended with jurors unable to agree on a verdict.

Haidl’s father was a top assistant to Orange County Sheriff Michael Carona until he resigned in September, saying he wanted to dedicate more time to his son’s case.

The younger Haidl has had several brushes with the law since being arrested on the rape charge.

He was charged in July with statutory rape for allegedly having sex with an underage girl earlier this year. Last year sheriff’s deputies said they found a small amount of marijuana among his belongings. He was not charged in this case, but an Orange County grand jury concluded sheriff’s officials conspired to cover up the incident.

Also last year, Haidl was arrested for allegedly trespassing at a boarded-up restaurant where police found him skateboarding. Two months after that he was detained and released with a warning for allegedly trespassing and causing vandalism at a condominium complex where he was skateboarding.

Back story, November 3, 2204: SANTA ANA – A former Orange County assistant sheriff’s son awaiting retrial in a gang-rape case tried to kill himself several times and remains on suicide watch, his attorney said today. Pete Scalisi is fighting efforts by prosecutors to have 19-year-old Gregory Haidl jailed for allegedly violating the conditions of his $100,000 bail.

Scalisi said Haidl should remain at the psychiatric facility where he is being treated for depression.

“There’s been several (suicide) attempts,” Scalisi said. “We’re all concerned.”

Said the lawyer: “The most recent attempt was very recent,” but he declined to elaborate.

Prosecutors and lawyers for Haidl are to meet with Orange County Superior Court Judge Francisco Briseno on Friday to set a date for a hearing on the bail-revocation motion, a court clerk said. The judge will be off the bench all of next week, so the hearing will not be held before at least Nov. 15.

Prosecutors say Haidl violated the conditions of bail by consuming alcohol and they want him jailed pending his trial, set to start Jan 31.

The teen — who has had several minor brushes with the law while being out on bail — was found with a blood-alcohol level of about .02 following a traffic crash in Santa Ana Saturday night.

Police say the teen caused the crash by making an illegal turn. He was not found to be driving drunk, but he was cited and his driver’s license was confiscated, authorities said.

Scalisi will argue that his client “has not violated any of the court’s restrictions.”

Haidl, whose terms of bail include electronic monitoring by Sentinel Offender Services, was told by Sentinel personnel that spicy food could produce a false positive in sobriety testing, Scalisi said.

Prior to the accident, Haidl had dined alone on Indian food, said the lawyer.

“That is the cause of the false positive,” Scalisi said.

The test that was administered produced preliminary results, which should have been confirmed by further testing at the Santa Ana Police Station, Scalisi said.

Susan Schroeder of the Orange County District Attorney’s Office, said prosecutors will argue that Haidl should be jailed.

“We think that Mr. Haidl poses a danger to the community,” Schroeder said. “He has shown that over and over again. This is his sixth contact with police, two of them after the mistrial, and one resulted in a misdemeanor criminal filing.”

Haidl is also awaiting trial on a misdemeanor charge that he had sex with an underage girl in July, although his lawyers said the sex was consensual.

He and two other teenagers are charged in connection with the videotaped sexual assault of a 16-year-old girl on July 6, 2002, on a pool table in the garage at the Corona del Mar home of Donald Haidl, who resigned as assistant Orange County sheriff in September.

The elder Haidl was not home at the time of the assault.

Despite the graphic tape, jurors in the first trial deadlocked on all two dozen counts, apparently uncertain whether the alleged acts were consensual and whether the victim’s testimony was credible. The young men will face nine criminal charges in the second trial.