SAN DIEGO DUI Attorney news: The state attorney general’s office today filed San Diego DUI drunk driving and other charges against a woman whose traffic confrontation with an off-duty police officer ended with her and her 8-year-old son being shot.
Rachel Silva, 27, was charged with felony child endangerment for putting her son in “circumstances likely to produce great bodily injury or death.
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On March 15, Silva allegedly cut off off-duty San Diego police officer Frank White’s car in traffic, then chased the car into an Oceanside parking lot, where she rammed it with hers.
According to the San Diego DUI criminal complaint, Silva was driving in an “aggressive” manner, revving her engine as she followed White into the lot. Silva pulled in front of him, put her car in reverse and rammed his, the complaint said. At that point, the officer fired five times into Silva’s car, hitting her and her son.
Silva was struck twice in the arm, her son twice in the leg.
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White has told investigators that he feared for his life when he fired at the car. Silva has two prior convictions for DUI / drunk driving.
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She is set to be arraigned next month.
The San Diego County district attorney, meanwhile, is probing whether charges should be filed against White, who is back at work, on desk duty.
Silva was charged with felony child endangerment and four misdemeanors, including drunk driving, driving with a suspended license and driving while in possession of marijuana.
In a statement, the attorney general’s office said that the circumstances that led to Silva ramming White’s car “were insufficient for the filing of a charge of assault with a deadly weapon or any other assault charge against Rachel Silva.”
Her San Diego DUI lawyer may try to get the felony child endangerment charge reduced to having a passenger under 14 in connection with this San Diego DUI:
Vehicle Code 23572
(a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:
(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced by
an imprisonment of 48 continuous hours in the county jail, whether or
not probation is granted, no part of which shall be stayed.
(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced by
an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced by
an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.
(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the county jail,
whether or not probation is granted, no part of which may be stayed.
(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.
(c) No punishment enhancement shall be imposed pursuant to this
section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.
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