An elderly woman has admitted her guilt in DUI-fueled crash that killed an elderly man in the retirement community where they both resided, as reported by the Los Alamitos-Seal Beach Patch.
The woman, D.Q., pleaded guilty to gross vehicular manslaughter while drunk driving. On May 20, the victim, R.D., 86, had been traveling on a motorized scooter through a crosswalk in the Seal Beach Leisure World when D.Q struck him.
In a negotiated plea bargain with prosecutors, D.Q. will not serve any prison time.
D.Q. was sentenced to formal probation for 10 years – which, after five years, can revert to informal probation. She was also sentenced to 8 to ten days behind bars, 200 hours of community service and she cannot drive or drink alcohol for ten years.
D.Q. was ordered to refrain from attending any Leisure World activities that R.D.'s widow might attend and she must also pay $6,826 in restitution.
According to Allan Stoke, D.Q.'s attorney, the court ordered 10-year restriction on D.Q.'s driver's license is stricter than a DMV suspension. The DMV can only suspend a license for up to three years.
D.Q. is expected to deliver two speeches to Leisure Word residents in the next two years about the dangers of drinking while driving.
Lastly, D.Q. must attend alcoholics anonymous meetings.
Orange County Superior Court Judge Richard King handed down the sentencing. A violation of D.Q.'s probation, according to King, will result in up to a 10-year prison term.
R.D.'s widow and adult daughters shared emotional testimony about the victim. Of note is their additional stress in seeing D.Q. moving on with her life in the same community.
E.D., R.D.'s widow, told the judge that it's been painful seeing D.Q. "laughing and playing poker" in the community clubhouse since her husband's death.
E.D. continued, "I lost a husband of 52 years and it was a nightmare for all of us as he lay in the trauma center for eight days. I miss his tremendous sense of humor. It just seems so unfair because we easily could have had five to 10 years left together. I guess it's OK for old people to drink and drive because they don't put them in jail."
E.D. added that reminders of her husband are all over the community as he was a "very talented wood carver" and his work is prominently displayed there.
R.Y., R.D.'s daughter, said that her father was both involved and well liked in the community at Leisure World. R.Y said, "He was far more active than most 86-year-olds. We lost a really good one here."
D.Q. offered her condolences to the family stating, "I just want to say how very, very sorry I am, how terribly sorry I am. I pray for you all every day and will for the rest of my life. I am so sorry, so sorry."
A.D. died eight days after D.Q. struck him. D.Q.'s blood alcohol content proved to be .22 percent when it was tested one hour after the accident.
Contact a DUI attorney if you are facing charges od DUI, DWI, OUI or OWI. Only a DUI attorney can help you effectively negotiate a reasonable plea bargain.