In most instances in California, a person’s first, second, and third DUI charges can be charged as misdemeanors. There are, however, instances where a DUI can be charged as a felony. The first of these instances is if while driving under the influence you cause injury or death to another person. The second way that a DUI can be charged as a felony is if you have had 3 or more “wet reckless” charges in the previous ten years. Finally, a DUI can be charged as a felony if a person already has been convicted of a previous DUI felony. CBS Local Los Angeles reports on a man facing felony charges after fatally striking a 6-year-old girl who was playing on the front lawn.
52-year-old Maximino Delgado is facing charges of felony DUI, felony vehicular manslaughter, and driving on a suspended license. According to police reports, he had a blood-alcohol content of 0.23%, nearly twice the legal limit, when he fatally struck a 6-year-old girl playing in her neighbor’s yard on February 17th.
Grace Aguilar, known to the neighborhood as Gracie, was playing in a neighbor’s front yard with her brother when Delgado struck her. Neighbors heard the impact and rushed to help.
One neighbor saw that Delgado’s SUV had struck her car, but that was the last thing on her mind when she saw that the girl was laying on the ground covered in blood.
She was taken to the hospital but died a short time later.
Delgado is being held at the Fullerton City Jail on a $2 million-dollar bond.