Wednesday, March 11, 2009

 

History of DUI / drunk driving cases pleads not guilty for driving into PB pedestrian

San Diego DUI lawyers report that a man with a history of DUI / drunk driving convictions pleaded not guilty Wednesday to five felony charges, including second-degree murder, for allegedly plowing into a 24-year-old woman in a Pacific Beach crosswalk.

Alan Lester Mabrey, 45, was ordered held on $2 million bail. San Diego DUI Deputy District Attorney Patty Herian told Judge David Szumowski that Mabrey was intoxicated when he made a left turn from Reed Avenue onto Mission Boulevard about 8 p.m. last Saturday and plowed into Emily Cathleen Dowdy, causing what turned out to be fatal head injuries.

Mabrey's blood-alcohol level was measured at .22 percent, nearly three times the legal limit for operating a motor vehicle. A passenger in Mabrey's truck got out to help the victim, but Mabrey took off on foot and was spotted about an hour later at a nearby Burger King restaurant, the San Diego DUI prosecutor said.

Mabrey arrived in San Diego only a couple of days prior to the accident and and has no known ties to the area, San Diego DUI attorneys heard the DA tell the judge.

She alleged the defendant was a flight risk and a danger to the community, noting Mabrey has a 2006 false imprisonment conviction from Colorado and five drunken driving convictions dating back to 1992 from Texas.

Herian said Mabrey spent five years in prison for his latest DUI from 1999.

The victim's mother said her only daughter had a great impact on the Pacific Beach community since relocating from Florida two years ago.

"We are going to fight until the day we die to change the (drunken driving) laws ... to change the sentencing criteria for these people," Ellie Dowdy told reporters outside court.

"Five times? Two felony DUIs? Five years in jail? Do you know how totally reprehensible that is?" the mother said. "Do you know how filthy and immoral that is, that we smile and smirk and turn our faces away from things like this? I'm telling you, something has to be done."

The victim's liver was donated to two people, including a teenager who had a week to live, her mother was heard saying, according to San Diego DUI defense lawyers.

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