Sadly, too many drunk drivers who injure or kill people have had previous DUIs, yet still continued to get behind the wheel while under the influence. That’s the case with a 47-year-old Dana Point woman who now could be facing life in prison for her actions. She has been convicted of fatally hitting a 76-year-old woman this past Fourth of July in San Clemente.
The victim, who had been a registered nurse, was taking her 12-year-old grandson to see a fireworks display when the woman struck them with her van. They had been walking in a bike lane near Camino Capistrano on El Camino Real. The boy suffered only minor injuries.
The defendant’s attorney argued that the two had been crossing the road where there was no crosswalk and that at the time of the crash, about 8:30 p.m., it was starting to get dark. The jury, however, found the driver guilty on multiple counts. These include murder, DUI and driving without a license. The murder charge was upgraded to second-degree because of her two previous DUIs in 1994 and 2008.
She reportedly had a blood-alcohol level of .31 when police found her after the accident. She did not stay at the scene, but kept driving and entered a nearby residence. Police said that she still had glass in her purse and her hair.
The defendant had been drinking at a San Clemente sports bar shortly before the accident. However, her attorney said that she had more drinks when she got home, which was why her BAC was nearly four times the legal limit.
The victim’s daughter expressed relief with the verdict. She said, “Hopefully, this will be some kind of closure.”
Seeing the person who killed a loved one in such a senseless manner placed behind bars can indeed help provide closure for family members. However, they can also seek compensation for expenses and other damages in civil court against not only the drunk driver but possibly the establishment that served that person alcohol.
Source: Laguna Niguel-Dana Point Patch, “Repeat Drunk Driver Convicted of Killing Woman Walking with Grandson,” Paige Austin, Sep. 28, 2015
