Mistrial Declared In DUI Case

If a person is an immigrant, a DUI may affect your status, but it depends on the person’s status. For an undocumented immigrant, a DUI can lead to immigration hearings and possible deportation. If in the U.S. legally, then a DUI does not automatically revoke a person’s right to be here. However, in the case of an accident with injuries, a DUI can be added to other crimes which might affect a person’s legal status to be in the United States.

Channel 10 News reports on the mistrial of an undocumented immigrant involved in a crash that seriously injured a young boy.

Constantino Banda Acosta has been deported 17 times in the past 18 years.

Most recently, a judge declared a second mistrial for his involvement in a DUI crash that seriously injured a young boy returning from Disneyland.

On May 6, 2017, Banda was behind the wheel of a pickup truck that slammed into the rear of a Honda Accord carrying 6-year-old Lennox Lake and his family. Lake was secured in a child safety seat but still suffered serious head injuries.

During the first trial, police testified that Banda’s BAC was .151% and .152%, a level that is near twice the legal limit. During that trial, Banda’s friend testified under guarantee of immunity that they had drunk several beers prior to the accident. Jorge Adame Ariza also testified that while he initially drove the pickup, at some point Banda got behind the wheel and was driving at the time of the accident.

Immigration and Customs Enforcement (ICE) said that if there is not another trial and Banda is effectively released he may or may not be deported another time.



Related Frequently Asked Questions