Oceanside, California Woman Pleads Guilty to DUI
Rachel Silva, 27, of Oceanside, California pleaded guilty this week to felony child endangerment and misdemeanor driving under the influence. The incident occurred March 15 this year when Silva tailgated a San Diego police officer Frank White and his wife, a Carlsbad police dispatcher. Because of her road rage, Silva and her son were wounded by White in a Lowe’s store parking lot.
California state Attorney General’s Office, which prosecuted Silva, alleges that she “willfully placed her son under circumstances likely to produce great bodily injury or death.” Misdemeanor counts of driving while possessing marijuana and driving on a suspended and revoked license for a previous DUI conviction were dropped in exchange for the plea.
The prosecution alleges that Silva’s blood alcohol level was 0.15 (California’s legal limit is 0.08) when she drove into the path of White and his wife around 9 p.m. Officer White swerved in order to not hit her car and yet Silva tailgated him, revving her car’s engine and honking. Police say Silva pulled alongside the couple’s vehicle once in the Lowe’s parking lot shouting and then sideswiped their car.
Officer White then fired his gun at Silva’s Honda as a warning, but the woman used her Honda to hit White’s Mercury Milan again. Officer White then fired four additional shots into the windshield of Silva’s Honda.
Silva was struck twice in the arm and her 8-year-old son was hit twice in the left leg. White now faces trial on a felony charge of grossly negligent discharge of a firearm and a misdemeanor count of exhibiting a weapon. He could be sentenced up to nine years in prison if convicted. White and his wife were uninjured.
Defense contends that White identified himself as a police officer and that Silva was the aggressor.
Silva’s actions were a violation of probation for a 2007 drunken driving conviction in Temecula. She is now in a substance abuse treatment in a residential rehabilitation clinic. Silva faces up to four years in state prison at her spring 2009 trial, presided over by Judge David Danielson.
Driving Under the Influence in San Diego County
Besides the fact that harassing other drivers is frowned upon, driving while under the influence is against the law. In California, it is unlawful for any person under the influence of any alcoholic beverage or drug to drive.
If you have 0.08 percent or more, by weight, of alcohol in your blood, you will be charged with driving under the influence or DUI if apprehended. You could face a fine and jail time if convicted.
Woman in Off-Duty Cop Shooting Pleads Guilty to DUI, 10news.com, November 10, 2008
Silva Guilty on Two Counts in Plea Agreement, SignonSanDiego.com, November 10, 2008
Related Web Resources
California DMV guidelines regarding driving under the influence
California DMV: DUI procedures
If you have been arrested and charged with DUI in San Diego county, then trust your case to an experienced San Diego criminal defense attorney. Attorney Victor A. Orsatti will explain your legal options during a free consultation.
