A drunken man that struck a nine-year-old boy, a woman and two parked cars with his vehicle and then fled the scene, has pleaded guilty to felony DUI charges, with the hit-an-run charges dismissed in exchange for serving a year in jail and other stipulations, as reported by Kron 4 News.
The incident occurred on the evening of August 4, 2011. Hayward resident A.V., 22, was driving a white pickup truck when he struck R.W., 9, at the corner of Mission and New Montgomery streets.
The boy, now ten years old, was visiting the San Francisco area with his family. The family was coming from a baseball game at the ballpark.
The woman that R.W. struck suffered minor injuries.
Following the accident, A.V. continued to drive until he reached his Hayward apartment. He attempted to flee a second time – upon seeing the officers at his home – but was quickly apprehended.
Prosecutors argued that A.V.’s truck had a bottle of Jagermeister liquor in it.
A.V. had originally pleaded not guilty to both DUI causing injury and the hit-and-run charge. In his plea deal he was allowed to have the hit-and-run charges dropped in exchange for agreeing to the one year jail sentence.
Randall Knox represented A.V. in court. Knox told reporters that A.V. “wanted to take responsibility for his actions” and he had just gotten “carried away drinking and made the horrible decision to get behind the wheel.”
A.V., according to Knox, is a recent California State University, East Bay, graduate and has no previous criminal history.
A.V. had just been entertaining a friend visiting from Mexico City that night – allegedly with cocktails made with Mountain Dew and vodka.
Through her tears X.V., A.V.’s mother, told reporters that her son “is very, very sorry for what has happened.” She further stated that A.V. had no idea that he had struck a young boy, but when he learned what he had done “he started crying right away.”
Omid Talai, the Assistant District Attorney, said that A.V. wasn’t “a horrible person but he made a horrible mistake.” Talai added that the plea deal was agreed upon with the boy’s family and that the attorney “would not have struck the deal we struck without their blessing.”
R.W. has recently returned to school, part-time, in Philadelphia, though he has suffered a traumatic brain injury, his liver has a laceration and he has fractures in his pelvis, left leg and ankle. Talai said that R.W. “still has a long road of recovery ahead of him.”
Along with the jail time, A.V. must pay restitution – yet to be determined – to the woman he hit as well as R.W.’s family. A.B. is required to complete a five-year probation, a nine-month long school for DUI offenders, and payment of assorted fines and fees. Lastly, and of particular importance to R.W.’s family, A.V. will be speaking to youth about the dangers and consequences of DUI.
If you contact a DUI attorney you can learn how best to proceed if you have been charged with DUI, DWI, OUI or OWI. A DUI attorney will be well versed in plea bargaining.