Our Lake Forest drunk driving criminal defense lawyers were interested to see a news story about an unusual defense in a DUI case. San Diego's ABC 10 reported Jan. 11 on the opening statements in the trial of Anthony Guarino, 57, for causing a crash that killed one person and injured five more. Guarino is charged with DUI manslaughter and DUI causing injury in the Aug. 20 crash that killed Marc William Durham, 65, of Rancho Bernardo. His blood-alcohol content was measured at 0.15 about two hours after the crash, the article said, and Guarino admitted that he'd been drinking. But his DUI defense attorney said he suffered from severe sleep apnea causing occasional "micro-sleeps," in which the sufferer loses consciousness. That kind of episode caused the crash, the attorney said.
Guarino admitted to drinking at a bar in National City before the crash, both to police and to emergency room doctors. A witness testified that she was waiting to make a left turn when she saw Guarino's car coming down a hill and failing to slow down in time to avoid colliding with Durham's car. Police says Guarino was going 50-60 mph when his car hit the left rear side of Durham's. That set off a chain reaction involving four other cars and injuring a total of five people, including an eight-year-old boy. Guarino's DUI defense lawyer said he intended to turn left that day, but had a micro-sleep episode that caused his car to drift into another lane without applying his brakes. They argued that Guarino should face an ordinary DUI charge, not the manslaughter and injury charges, which could carry as much as 13 years in prison.
The prosecution in this case will likely argue that Guarino's sleep apnea defense is nonsense and direct jurors to consider his BAC instead. But as Murrieta intoxicated driving criminal defense attorneys, we know sleep apnea truly can cause the sort of episodes described. Sleep apnea is a condition in which breathing is interrupted or abnormally low while sufferers sleep, causing insufficient rest. Daytime sleepiness is one of the major symptoms -- so it's not surprising that sufferers might drift off, especially in the evening. In fact, sleepy driving is a distracted driving concern even for people without a sleep disorder. If Guarino can prove his sleep apnea cased this crash, it won't mean he faces no penalties; his BAC measurement still put him over the limit. But it would reduce the penalties he faces considerably by reducing the charges to a less serious DUI charge.
Arguing for reduced charges is just one of the ways Howard Law, P.C. defends clients from DUI charges. Based in Anaheim, we represent clients who are facing all types of drunk driving charge, from serious felony charges like these to a first simple DUI. In many cases, our Norco DUI criminal defense lawyers are able to undermine the case against our clients by challenging the accuracy of the BAC reading. The breathalyzer test is not free of problems, and the way police officers administer the test and handle samples may compromise the evidence they produce. We challenge evidence like that in court, seeking to get it thrown out and the charges dropped or substantially reduced, to minimize the disruptions in our clients' lives.
If you're charged with drunk driving in California and you're not sure what to do next, never plead guilty until you talk to Howard Law, P.C.. For a free, confidential case evaluation, send us a message online or call 1-800-872-5925 today.
