Tuesday, September 30, 2008

 

San Diego DUI attorney deal for Silva?

San Diego DUI attorneys report that the Oceanside woman charged with felony child endangerment stemming from a road-rage dispute with an off-duty police officer waived her right to a preliminary hearing Monday amid negotiations that could result in a San Diego DUI plea agreement.

Rachel Silva, 27, and her 8-year-old son were both shot and wounded by San Diego police Officer Frank White during a dispute on March 15 in the parking lot of a Lowe's store in Oceanside. The state Attorney General's Office, which is prosecuting Silva, alleges the woman willfully placed her son under circumstances likely to produce great bodily injury or death, per San Diego DUI attorneys.

She is also charged with five misdemeanors: two counts of San Diego DUI / drunk driving, driving while possessing marijuana, driving on a suspended license and a revoked license.

Judge Michael Smyth scheduled another readiness conference for Nov. 10 at the San Diego County Courthouse and trial, if necessary, for Nov. 18, per San Diego DUI lawyers.

Last week, Silva admitted that the Oceanside run-in resulted in a violation of probation that she was serving in connection with a drunken driving arrest in Temecula in April 2007. She was placed on three years probation for felony child endangerment and misdemeanor DUI convictions in that case.

The judge in Riverside County extended her probation for three more years and suspended a four-year prison sentence, which she would have to serve if she violates her terms again.

Prosecutors allege Silva had a blood-alcohol level of .15 percent during the Oceanside incident, which resulted in White's prosecution on a felony count of gross negligent discharge of a firearm causing great bodily injury. He also faces a misdemeanor of exhibiting a weapon.

Silva allegedly pulled out of a gas station driveway into the path of White and his wife, who is a Carlsbad police dispatcher, around 9 p.m. The officer had to swerve to avoid Silva's car, and she allegedly tailgated him, revving her engine and shouting. Police said she pulled up alongside the couple's vehicle in the parking lot, still shouting, and sideswiped their car, prompting the officer to fire five times.

The woman was struck by two bullets in the arm, and the boy was hit twice in the left leg. White and his wife were uninjured. The officer's supporters say he identified himself as a police officer and contend Silva was the aggressor. A substitute San Diego DUI attorney for Silva's lawyer, Michael Pancer, appeared at today's hearing. www.SanDiegoDrunkDrivingAttorney.net



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