Repeat DUI Offender Hit by Drunk Driver

BicycleDid a drunk driver hit Haitham Gamal, a 38-year-old California resident and father of young children who was riding his bicycle when a 2001 Acura slammed into him, causing the car to flip over? Tragically, authorities pronounced Gamal dead at the scene of the accident. The 19-year-old driver of the Acura, whose identity was not made public, was treated for injuries at the hospital along with his 18-year-old passenger. Authorities also believe that the driver was driving while under the influence (DUI) of alcohol.

Gamal is not like many other DUI accident victims, however. Instead, Gamal was very familiar with DUI charges in California himself. Gamal had the following convictions on his record:

  •         Driving under the influence in 2005;
  •         Driving under the influence in 2009;
  •         Misdemeanor public intoxication in 2012; and
  •         Driving under the influence in 2012.

Gamal had received a sentence of and served three years of probation in 2009. His attorneys had negotiated with prosecutors in the most recent DUI case, and they postponed sentencing while he participated in an intensive substance abuse rehabilitation program. Gamal’s attorney stated that his client had admitted to a problem with alcohol and was “doing the right thing.”

Gamal underwent sentencing for his most recent DUI charge the day before he died. A judge sentenced him to the following:

  •         Five years on probation;
  •         20 days in jail;
  •         45 days of house arrest; and
  •         Mandatory driver’s license suspension.

Repeat DUI in California

Anytime you receive multiple DUIs in California within a ten-year period of time, you will be treated as a repeat offender and the potential consequences you may face become more severe. The penalties for a third offense DUI conviction usually include the following:

  •         Jail time of 120 days up to one year;
  •         Fines anywhere from $1,800 up to $18,000;
  •         Driver’s license suspension of three years; and
  •         Installation of an ignition interlock device on your vehicle once your suspension is over.

In Gamal’s case, his jail time was likely reduced due to his participation in rehab and his apparent willingness to cooperate and receive help for substance abuse problems. His lawyer likely negotiated with prosecutors to give Gamal the opportunity to get help in exchange for a lesser sentence. This is only one of many reasons why it is always important to have an experienced DUI attorney helping with your case. Even if you are facing your first DUI, it is important to keep a conviction off of your record if possible in case you receive another DUI charge in the next ten years.

Police performed a blood test on the driver who hit Gamal to determine whether he was under the influence of alcohol at the time of the crash. If his blood alcohol content was over the legal limit of .08%, he will likely face serious criminal charges, which may include DUI manslaughter.

If you have been arrested for DUI, you should always contact an experienced DUI attorney at Beck Law, PC for help as soon as possible.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and any blogs, reviews, news or testimonials presented on www.duibecklaw.com or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California. by Attorney Daniel B. Beck