Teen Dies in Phoenix Surface Street Wrong Way DUI Crash

The driver of a pickup truck hit an SUV on its front right side with a family of seven aboard, killing the oldest of five children, Josiah Boteiho, 13, and injured family members who were transported to a hospital. The family had been on the way to church.



(A GoFundMe account has been established for the family at https://gofund.me/99cf1a64)

Shortly after 8 a.m. on Sunday, May 14, Fox 10 News reported the driver of a pickup truck, who police said failed to obey a stop sign and turned into oncoming traffic on Greenway Road near 30^th Street.

The pickup truck driver, Bartolome Godinez-Perez, 36, was arrested on vehicular manslaughter and DUI charges. The news report stated that the driver smelled of alcohol and had bloodshot eyes and his speech was slurred.

A field sobriety test showed Perez had a blood-alcohol concentration (BAC) of .256, which is three times the legal limit of 0.08 percent. A super extreme DUI is .20 BAC and higher.

Perez had a prior DUI conviction which ended with a plea agreement in 2010, Fox News reported.

Under Arizona Revised Statute §28-1382(A)(2) a super extreme DUI is a Class 1 Misdemeanor offense, the most serious in the misdemeanor range. Causing death and injuries raises a DUI into the felony range. A felony DUI and a second DUI conviction increases the penalties.

Vehicular manslaughter

The most common vehicular manslaughter cases involve a dangerous weapon, which is the vehicle, with the driver speeding, driving aggressively, racing, or driving impaired by alcohol or drugs, even prescription medications.

An involuntary manslaughter charge may be applied in impaired driving cases because the driver did not intend to kill anyone.

Consequences of a manslaughter conviction

Arizona prison sentencing guideline provisions are comprised of minimum, presumptive, and maximum ranges. For a first-time offender charged with a Class 2 felony manslaughter, the minimum sentence is seven years, the presumptive is 10.5 years, and the maximum prison term is 21 years.

For an offender who has one prior dangerous Class 2 conviction, the minimum is 14 years, the presumptive is 15.75 years, and the maximum is 28 years.

For someone who has two prior Class 2 dangerous felony convictions, the range increases to a minimum of 21 years, a presumptive of 28 years, and a maximum of 35 years.

A judge has the discretion in determining the actual length of the sentence, so the punishments can vary depending upon the facts of the case and the defendant’s criminal history and if it is the person’s first offense or not. The judge may also impose fines and a term of probation after the period of incarceration ends.

Civil financial ramifications

Other than years in prison, the family of the person killed can sue for financial and punitive damages under civil law for causing a wrongful death, to recover what the deceased person could have earned had he or she lived. The offender’s future wages can be garnished. While criminal law requires the state to have evidence beyond a reasonable doubt, civil law just requires a far lesser burden of a preponderance of the evidence.

Common vehicular manslaughter defenses

We all are presumed to be innocent until proven guilty. And we all have the constitutional right that protects us from convicting ourselves. For those interacting with authorities, it is crucial to invoke the Fifth Amendment because anything said will become evidence against you.

Every manslaughter case has its own particular set of facts that will determine the most effective defense strategy. These are the common defenses:
 

• Challenging the state’s version that the defendant’s action was reckless
   
• The death was the fault of the victim
   
• The death was committed in self-defense
   
• Errors in residue testing of gunshot cases
   
• Mistakes in ballistics testing
   
• Contaminated DNA testing
   
• The defendant’s confession was coerced
   
• Reconstructing the crash to show vehicle defects were at fault
   
• Challenging the accuracy of witness statements
   
• Violations of Miranda rights to remain silent and to have an attorney
   
• The police report was misleading or contained substantive errors of fact
   
• The breathalyzer test was inaccurate because of calibration faults
   
• Blood draw test result was tainted by improper handling or storage

 

DUI Defenses

Arizona provides several defenses to DUI charges. The size, weight, and alcohol tolerance of people play a part in the level of impairment because the body’s metabolism processes alcohol at different rates over time. These are common DUI Defenses:
 

• Police did not have a legal right to detain you
   
• Authorities made errors during the field sobriety test
   
• Breathalyzer and blood test results can be flawed
   
• How quickly a person can process alcohol
   
• Police did not have the legal right to search you or your vehicle
   
• Police did not advise you of your right to remain silent and have a defense attorney present during questioning
   
• Errors were made on the police report

 

Aaron M. Black Law for DUI defense

Should you or someone you care for be charged or are under investigation for a DUI, it is imperative that you have an experienced DUI defense attorney such as myself to defend you at the earliest possible time.

In my long career as a DUI defense attorney, I know that good people can find themselves in legal trouble. That is why I work hard to ensure they have the best defense possible. My goal is always to get the charge dismissed. If the police have a strong case; I will, with your permission, negotiate a plea agreement for a lesser charge, such as reckless driving.
Aaron M. Black Law provides personalized legal services. You will always be talking directly to me at every stage of your case.

Call Now: Begin your DUI defense immediately by calling 480-729-1683 at any time on any day and I will respond promptly unless I am in court on at trial. Or use the online contact form on my website.

I defend DUI cases courts throughout Arizona, including the cities of Phoenix & Scottsdale, and Maricopa, Pinal, Yavapai, and Coconino County courts.