It took a long time, but a local, single, working mother finally resolved a DUI with a not-guilty verdict in a jury trial.
Judge Richard Martin announced the jury found Debra Lyn Gerace not guilty of driving under the influence of alcohol during her DUI retrial that ended May 5.
In an interview on May 5, Gerace said that her first trial, in 2007, resulted in a hung jury. The district attorney”s office personnel opted to try her again two years later, this time represented by Public Defender Michael Malliarys with Deputy DA Daniel Moffatt as prosecuting attorney.
In the final arguments, Malliarys explained the law, and the concept of proof of guilt “beyond a reasonable doubt.” Malliarys said Gerace drank vodka in her home before CHP Officer Reynolds and his partner appeared to ask about a recent vehicular accident Gerace had been involved in.
Malliarys asserted it could not be proven beyond a reasonable doubt that Gerace had been legally drunk when she drove her car home between 11:3o p.m. and midnight.
In his final rebuttal, deputy DA Moffatt held pictures of the destroyed mail boxes, the car that Gerace”s car had hit, and her mug shot when she was booked at the Lake County Jail inches away from each jury member”s face.
Gerace admitted on the witness stand she had consumed vodka in the early morning hours. However, she explained she drank only after the driving had occurred and after she visited the neighbors and checked on the accident. She swerved to avoid hitting a deer on her way home and instead hit the mail boxes and the car parked alongside the road with a for sale sign on it.
CHP Officer Reynolds testified at length, and explained his investigation..
Malliarys mentioned in his final argument that Gerace”s blood alcohol measured as legally drunk, .13 when she was booked into the Lake County Hill Road Facility. However, there was a period of time, over two hours, between the time when Gerace arrived home and the time when her blood was tested.
A member of the jury explained there was not sufficient evidence to prove beyond a reasonable doubt she was drunk at the time she drove her car.
Gerace testified she opened up the vodka bottle and drank two and one-half glasses after she returned home from checking on the accident. She said she did not expect the law officers to arrive until the next morning.
When CHP officers arrived, she invited them in and led them to the garage to see her damaged car. It was when she showed them her car in her garage that they arrested her and took her to jail.
Gerace, a single, working mother said the past two years have been a nightmare. She was offered various plea bargains, which she refused.
Joan Moss is a Lake County writer, musician and swimming instructor.
