San Diego DUI Law Center

San Diego DUI lawyer news

April 29, 2008

VISTA California Superior Court

The woman who was unjustifiably shot by an off-duty police officer on March 15 checked into the Vista jail Monday morning to begin serving a sentence in an unrelated San Diego DUI / drunk driving case.

Rachel Leann Silva pleaded guilty on Jan. 29 to an irrelevant San Diego county California DUI – driving under the influence of alcohol after an arrest Dec. 15 in Oceanside. As part of the San Diego DUI plea, she admitted that she had a prior Riverside California DUI / drunk driving conviction from 2007, San Diego DUI court records indicate.

The woman turned herself in at the jail Monday to begin serving her San Diego DUI sentence. The jail projected her release to be May 6.

Silva gained notoriety in March when she and her 8-year-old son, Johnny, were unfortunately shot and wounded by off-duty San Diego police Officer Franklin White after an alleged confrontation in a shopping center parking lot on Old Grove Road in Oceanside.

The San Diego County District Attorney’s office is reviewing the shooting incident. No charges have been filed in the case.

The 27-year-old mother reportedly had a blood-alcohol level of .15 percent, nearly twice the legal limit for driving in California, and had marijuana in her system at the time of the shooting, according to search warrant documents unsealed earlier this month.

But the San Diego DUI / drunk driving allegations should have nothing to do with the shooting incident.

Further details of the December San Diego DUI / drunk driving incident that landed Silva in jail were not available.

San Diego DUI Court records indicate that on top of a 34-day jail sentence, Silva was placed on probation for five years, fined $2,276 and ordered to take part in an alcohol counseling program.

Last year, Silva pleaded guilty to child endangerment and driving under the influence in Riverside County after officers found her slumped over the steering wheel of a Honda sedan in Temecula on April 5, 2007. Silva allegedly had an open bottle of alcohol and her 1-year-old child was in the back seat, according to Riverside authorities.

Subsequent instances of DUI or drunk driving could violate the terms of her California DUI probation, San Diego DUI lawyers suspect.

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