January 20, 2011 4:45 pm News Flash

The north San Diego county DUI jury today rejected an “unconsciousness” defense and found Anthony Guarino guilty of gross vehicular manslaughter and DUI charges, despite a promising effort by his fine criminal defense lawyer.

How do they know he didn’t drift into a microsleep just prior to the DUI accident? His severe sleep apnea could have brought on the so-called “microsleep” as he approached the intersection. He drifted into a lane, never hit the brakes, and told paramedics he had no memory of the collision.

This unfortunate DUI victim was Marc Durham. He just retired from a security job at General Dynamics.

The San Diego DUI attorney prosecutor’s theme carried the day: “The defendant acted with an `I don’t care’ type of attitude!” “I don’t care what happens. I’m going to do what I want to do.”

Drunk Driving Criminal Lawyers fought over his BAC, ranging from .15% about 2 1/2 hours after the 9 p.m. crash to .20% at time of the San Diego DUI collision based on speculative retrograde extrapolation.

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