San Diego DUI / Drunk Driving Criminal Defense Lawyers are told that a man accused of killing a pedestrian while driving drunk in Pacific Beach was aware he struck the victim before leaving her and going to eat a hamburger, a San Diego DUI / Drunk Driving police officer testified yesterday.

Alan Mabrey, 45, is charged in the death of Emily Cathleen Dowdy, 24, who worked as a shift supervisor at a local Starbucks. He has pleaded not guilty to murder and other San Diego DUI / Drunk Driving charges.

San Diego DUI / Drunk Driving police investigators from San Diego and Colorado testified Friday in Mabrey's preliminary hearing, after which a San Diego DUI / Drunk Driving judge determined that there was sufficient evidence for a San Diego DUI / Drunk Driving trial.

San Diego DUI / Drunk Driving authorities said Mabrey was driving a 2004 Dodge Ram pickup the evening of Feb. 7 when he struck Dowdy as she crossed Mission Boulevard at Reed Avenue. A male passenger in the truck got out to help her.

Officer Blake Cheary, a San Diego DUI / Drunk Driving / collision investigator for the San Diego Police Department, said that Mabrey admitted to hitting someone to police officers investigating the San Diego DUI / Drunk Driving crash.

“After walking in the roadway and checking on the person he hit, he went to Burger King to 'eat a burger,' ” Cheary testified. San Diego DUI / Drunk Driving police said Mabrey told them at the time that he gets hungry when he is nervous.
San Diego DUI / Drunk Driving Prosecutor Patty Herian has said Mabrey's blood-alcohol content measured 0.22 percent after the San Diego DUI / Drunk Driving accident. The San Diego DUI / Drunk Driving legal limit is 0.08.

An officer from Colorado who also testified said that she arrested Mabrey in April 2008 for a suspected hit-and-run crash. At the time, the officer said Mabrey had a revoked driver's license related to an alcohol offense and she warned him that his actions could hurt someone. “I told him, 'If you continue to drive like this, you're going to kill somebody, ” the officer said.

Mabrey has five convictions for drunk driving in Texas, two of which were felonies. He served five years in prison for his latest DUI conviction in 1999 and has a 2006 conviction in Colorado for false imprisonment, Herian said. Mabrey's premier San Diego criminal defense attorney, Bruce Kotler, objected to some of the San Diego DUI / Drunk Driving officers' testimony, saying Mabrey was not read his Miranda rights when he spoke with some San Diego DUI / Drunk Driving officers outside Burger King.

Superior Court Judge Michael D. Wellington overruled the objection. If convicted of second-degree murder, Mabrey could be sent to prison for 15 years to life. Seven to nine years could be added to the sentence if he is convicted of the other charges – gross vehicular manslaughter while intoxicated, hit-and-run causing death and San Diego DUI / Drunk Driving driving under the influence.
San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you.

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