Our Lake Elsinore intoxicated driving defense lawyers were sorry to read about a recent sentencing in a DUI manslaughter case. The Orange County Register reported Oct. 12 on the sentencing of Joel Torrejon Miranda, 41, for driving drunk and causing the death of pedestrian Francisco Aquino. Miranda was a repeat drunk driver at the time of the 2009 crash, with one DUI conviction within the past decade and two from the 1990s. Miranda was convicted earlier this month of gross vehicular manslaughter and was sentenced Oct. 12 to 20 years to life in prison. The prosecutor in the case told the Register that Miranda will be eligible for parole after serving 10 years of his sentence.
According to the Register, Miranda was drunk when he turned into a Santa Ana apartment complex on Feb. 1, 2009. The turn put Miranda's truck into the path of a Mercedes, which hit the truck and forced it onto the sidewalk. The truck hit Aquino and pinned him against a wall. He later died at a hospital. The driver of the Mercedes was not hospitalized. Miranda fled the scene, but police tracked him down at home and arrested him about 40 minutes later. An hour after the crash, Miranda's blood-alcohol concentration was measured at 0.23, almost three times the legal limit of 0.08. At his sentencing, Miranda told the judge that he had promised his father, who had recently died, not to drink again.
It's unfortunate that Miranda will have to keep that promise in prison. The seriousness of this charge is part of why this story caught the attention of our Aliso Viejo drunk driving criminal defense attorneys. Because this was a DUI accident, we suspect that the actual charge against Miranda was gross vehicular manslaughter while intoxicated, the more serious DUI manslaughter charge in California. Normally, this carries four, six or ten years in prison -- not fun, but not 20 to life. However, drivers can be sentenced to 15 to life if they have a previous gross vehicular manslaughter conviction, or if they have two or more prior drunk driving convictions. We suspect the higher charge comes from Miranda's past DUIs. The remainder could reflect sentencing for another charge the Register did not mention, such as a gross bodily injury enhancement or a conviction for the underlying fourth DUI.
As you can see, prior drunk driving convictions add up quickly when courts are considering the sentence for a new conviction. That's why Howard Law, P.C. recommends that drivers take their first DUI charges very seriously. In addition to losing a driver's license and paying thousands in fines, court costs and alcohol education class fees, drivers convicted of a first DUI are at risk for even more serious consequences if they face the same charges in the future. Our Cypress DUI criminal defense lawyers can frequently find ways to defend a drunk driving charge, including in cases where the clients felt that the cases against them were strong. Law enforcement officers sometimes make mistakes, including mistakes that can taint the evidence against you. If that happens, courts often choose to throw out that evidence rather than convict someone on evidence that was illegally obtained.
If you're facing drunk or drugged driving charges in California -- and you'd like to keep your driver's license, your job and your clean record -- you need help from Howard Law, P.C. as soon as possible. To learn more or set up a free, confidential consultation, contact us through our website or call 1-800-872-5925 today.
