On Tuesday, a District woman plead guilty to involuntary manslaughter and driving under the influence (DUI). The woman’s plea deal calls for seven years of incarceration. She will be sentenced in late July at the D.C. Superior Court.
The woman is responsible for the April 28th motor vehicle accident in Southwest D.C., which killed 58 year old Emmajean Gainey. The accident occurred after the woman drove her vehicle onto the sidewalk and struck the pedestrian. At the time of the accident, she had been drinking alcohol and smoking crack cocaine.
According to court documents, after the accident, the driver told police that she had drank two twelve ounce malt liquors, two shots of coconut vodka, and smoked a dime bag before getting behind the wheel of her 2010 Toyota Yaris.
Reports indicate that the driver made an illegal right turn at the intersection of First Street SW and South Capital Street. As a result, she cut off another vehicle, which swerved in order to avoid a collision. The driver “gestured wildly” at the other car; the distraction caused her to loose control of the vehicle.
The vehicle then mounted a curb where Gainey and another individual were walking. They tried to avoid being hit by the car however, Gainey was struck head on and pinned against a tree, killing him immediately.
Witnesses attempted to push the vehicle off Gainey’s body and called 911. They observed the driver attempt to flee the scene of the accident and were able to intercept her.
After arriving on the scene, law enforcement officers administered a field sobriety test. The driver failed the sobriety test and was arrested at the scene. A subsequent breath test verified that her BAC exceeded the legal limit.
The driver told officers that she was a passenger in the vehicle and only got behind the wheel of the car in order to move the car off the victim.
Over 40 DUI arrests made in the District in 2011.
According to the Century Council, there were 43 DUI arrests made in the District in 2011. In addition, there where eight alcohol impaired driving fatalities. Half of these fatalities occurred while the driver had a blood alcohol content (BAC) of .15 or higher.
If you have been charged with a DUI or a related offense, you should contact an attorney immediately. An attorney can ensure that your legal rights are protected and that you receive the representation you deserve.