Our San Clemente drunk driving criminal defense lawyers were saddened to read about the sentencing of a teenager for causing serious injuries to a toddler and his grandfather. The North County Times reported Nov. 29 on the sentencing of the teen, who was not named because of his age, in an intoxicated driving crash that left Izaiah Wallis, 19 months, paralyzed, blind and brain damaged. The child's grandfather, 50-year-old Abraham Verde, suffered a broken ankle in the crash. The teen pleaded guilty to being both drunk and high on marijuana when he hit the two. The probation department recommended a year in juvenile detention for the teen, but the prosecutor asked for and received the harshest sentence available for juveniles: 480 days in detention followed by probation until age 21. The teen cried at his sentencing and said he wanted to change his ways.
It was 9 a.m. on a school day when the boy crashed his parents' SUV into the grandfather and grandson, throwing Izaiah out of his stroller. Directly after the crash, the teen had a blood-alcohol content of 0.20 and marijuana in his system. The only previous offense on his record was a ticket for driving without a license. In the crash, Izaiah's skull was separated from his spine, leaving him with severe neurological damage that took away his ability to walk and to eat independently. He has undergone five surgeries and is scheduled for a sixth. Izaiah's parents are disappointed that the teenager could not be tried as an adult for the charges he faced, felony driving under the influence and a sentence enhancement for causing great bodily injury. His father, 21-year-old Jacob Wallis, hopes to push for an "Izaiah's Law" expanding the penalties for which juveniles may be tried as adults.
As Murrieta DUI criminal defense attorneys, we cannot agree. It's difficult to argue with a family that has suffered such a terrible and unnecessary loss, but we do not believe that trying juveniles as adults would help them get justice. For one thing, the newspaper noted that an adult guilty of the same crime would likely get a similar sentence. A sentence of 480 days is just under a year and four months; sentences for DUI manslaughter can be similar, starting at 16 months. More importantly, as the newspaper says, the juvenile justice system is designed for rehabilitation. Juvenile detention has built-in tools to help teens turn their lives around, including mandatory school attendance. By contrast, the adult system is focused on punishment. And as one court employee says in the article, teens who are tried as adults are much more likely, statistically, to offend again -- that is, adult prison can turn kids into adult criminals.
Howard Law, P.C. represents Californians accused of all types of drunk driving, from a first offense to serious offenses like gross vehicular manslaughter while intoxicated. No DUI is a joke in California. Even a first offense carries serious penalties such as loss of your driver's license, jail or probation, mandatory DUI classes and thousands in fines. For serious crimes like the one this teen was accused of, state prison is likely. Our Downey intoxicated driving criminal defense lawyers recommend that drivers never plead guilty before they speak with us about their cases. Police officers make mistakes at work just like everyone else, and sometimes, those mistakes can undermine the entire case against you. We aggressively search through our clients' cases for these types of flaws and use them to negotiate dropped or substantially lowered charges.
If you're accused of any drunk driving offense in California, you should call the experienced defense attorneys at Howard Law, P.C. today. To learn more about us or tell us about your case, call us today at 1-800-872-5925 or send us a message online.
