DUI and gross vehicular manslaughter while intoxicated convictions resulted in a six year prison sentence for San Diego resident, Anthony Guarino, on March 11th, according to 10news.com. He was convicted of these drunk driving charges in January 2011, after his lawyers unsuccessfully argued that the accident that killed Marc Durham was actually caused by a “microsleep” episode due to his severe sleep apnea, not drunk driving.
Gross vehicular manslaughter while intoxicated is punishable by imprisonment in state prison for four, six, or ten years, under California Penal Code (PC) 191.5(a). If the defendant has a prior PC 191.5 conviction, or two or more prior DUI convictions, the sentencing range is fifteen years-to-life in prison. The sentence imposed depends on the specific facts of the case.
The maximum sentence for all the charges in this drunk driving case was 13 years in state prison. However, the judge considered the fact that Guarino had no prior criminal record, served 20 years in the Marine Corps, was a good family man, and had good standing in the community in giving the defendant the middle term of six years instead of the maximum penalty allowed under the law.
If you have been arrested and/or charged with misdemeanor vehicular manslaughter, felony vehicular manslaughter, gross vehicular manslaughter while intoxicated, or felony drunk driving in San Diego County, you need an exclusively DUI defense firm that will aggressively defend your case. For a free, confidential consultation, contact The Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page.