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00:00Shhh! Quiet!
00:07Are you Crystal Sanchez?
00:10Ms. Sanchez, you're charged with driving while intoxicated and facing up to six months in jail and or a $2,000 fine.
00:19Are you okay?
00:29If I remember correctly, this is a DWI and there's a fatality as a result.
00:36Yes, sir.
00:37Can you please read to me what happened?
00:38Yes, sir. This crash happened back on December 24th of last year.
00:42Officers were advised before vehicle crash at 5.37 a.m. on the 6300 block of I-45 South here in Harris County.
00:50Investigators observed massive damage on a Chrysler indicating a head-on impact.
00:55Massive force damage on a Mitsubishi indicating a T-bone impact to the driver's side.
01:00Officers spoke with HFD firefighter who was on his way to work and observed the Chrysler strike the Mitsubishi.
01:06The Chrysler cut in front of him causing him to swerve to the right and hit an Amazon truck.
01:11He states that this defendant was the driver and sole occupant of the Chrysler.
01:15And the driver of the Amazon truck confirms the wheel witness's story and stated that he clipped the Chrysler as he was coming to a stop.
01:24The complainant was taken to the hospital where she was pronounced deceased.
01:27Officers observed an unopened beer can in the driver's seat of the Chrysler.
01:31This defendant stated that she was the driver and that she struck the vehicle.
01:34They observed a strong odor of alcohol on her breath, red glassy eyes and slurred speech.
01:39She was transported to the hospital and a DRE arrived and she was Mirandized and she waved her rights.
01:48She stated that an SUV was stopped in a lane and she tried to a swerve to avoid hitting it and then crashed into the into the other vehicle.
01:55She admitted to consuming four to five 12 ounce twisted teas and smoking marijuana and alcohol in the car while she tried.
02:03Yes, sir. SFSTs were done.
02:05She scored six out of six on the HGN.
02:07She did not have vertical gaze nystagmus and officers observed a lack of convergence.
02:12They were not able to do the walk and turn and one leg stand due to her injuries of a broken arm and sternum.
02:18There was a blood warrant and residual search warrant that were done and her blood.
02:23Your honor came back at a point zero two five four ethanol and she had.
02:30Yes. Oh, two five. Yes, sir. And then she had marijuana and cocaine in her system.
02:36We've worked out an 18 month probation offer with seven days as a condition, your honor.
02:42That's not the fact that there's a dead body in this case.
02:47Why is it not an issue? It's a causation issue, judge.
02:50We looked at it for an upgrade.
02:52My understanding, because the other vehicle was on the roadway, legally speaking, there's a causation problem, judge.
02:58So that's why we came to the agreement that we have the families on board.
03:02I'm not I'm not sorry.
03:04I'm not going to think you have a dead body here.
03:06She has cocaine in the system.
03:08She's got clues in the car while she's driving in a dead body.
03:13I'm not done with that. We're going to have to do something else.
03:17But I would be remiss if we in jail where we have a dead body.
03:23Yes, sir. And to me, just because you're nine months pregnant doesn't factor anywhere in my mind.
03:33Sanchez, ma'am, look at me.
03:37While you're about to give life, you took someone else's.
03:47How many lives are now ruined because of this?
03:52How about everybody else?
03:55Every single day in Harris County, someone is maimed.
04:02Because it's sick that we leave the nation in fatalities.
04:09And I don't know why they can't prove causation to charge you with intoxication manslaughter.
04:16But to me, a week is insufficient.
04:20Yes, sir. So we'll go back to the drawing board and get it back.
04:24But I'm ready to set this case for trial now.
04:28So let's work something up today.
04:31Yes, sir. Thank you.
04:44We're back. I understand that a fatality did occur.
04:49But the reason why they weren't able to charge my client with intoxicant manslaughter is because this accident was unavoidable.
04:56If you're unavoidable. Yes, sir. At the time of this accident, it was unavoidable.
05:01What ended up happening is that the deceased party spun out in front of her and she was just going straight.
05:08The only thing that she did wrong at the day and time was drive a vehicle with cocaine, alcohol in her system, beer in the car.
05:18At a point to. Oh, let me ask you something. Have you ever done breath test?
05:25Have you ever blown into a breath test machine? Have you ever done those wet labs?
05:29You ever done that? OK, I'm serious. Really? OK.
05:34Have you ever done it? I'll go one early on before being a defense attorney.
05:41I was a lieutenant with HPD. So I'm above and beyond.
05:45I spent three years doing accident division. So not only did I do, I investigated these.
05:51So my knowledge is probably more superior than anybody in the room.
05:56I spent three years picking up dead bodies. And that is a true and factual statement I'm making before the court.
06:03So, yes, sir, I have. I did. I did. You know, as part of training when I was a defense lawyer,
06:09I went to these classes where we took the breath test machines apart, did all kinds of experiments, did these drinking wet labs where you drink and then you blow into machines.
06:22And the one time we did it, we downed a bunch of booze and I blew into the machine and I was lit.
06:29Right. And I blew. I blew a 14. And I was I was lit, man.
06:35And now. All I did was I blew a 14, right? One for she's at a point to 0.025, 0.025, 0.02.
06:47Yes, sir. OK, I thought you said 0.2. No, it's 0.025.
06:51We were discussing about Ms. Sanchez.
07:21We were discussing when for you to do your jail time.
07:26Should we have you do it immediately to where you have the baby in jail?
07:31Is that cruel and unusual punishment? But then again, is a dead body cruel and unusual punishment?
07:37You know, what's fair? What's not fair?
07:43I don't know. All I know is that you're charged with DWI.
07:48There's a dead body. But they just can't prove causation.
07:52And that's why you're not charged with manslaughter. But the fact remains is that we have a dead body.
08:01How do we reconcile that?
08:19You know, you're pregnant now.
08:22And I hope I truly hope that you've treated your body well throughout that pregnancy, because if you haven't and you've used anything while you're on probation, you're guaranteeing yourself a life of babysitting of a potential baby that will have developmental potential psychological physiological issues.
08:51You're going to babysit for the rest of your life, which is punishment in and of itself.
08:56It's not fun.
09:01You're charged with driving while intoxicated you're facing up to six months in jail and or $2,000 fine. The agreement that you guys have worked out is 30 days in jail as a condition to probation for 18 months.
09:12As part of the probation. Does she have any priority to be I said
09:18any other criminal history.
09:35What all did you were you wanting done on the probation.
09:42We are asking for DWI education class victim impact panel guardian interlock no refusal, no drugs or alcohol, random us 80 hours of community service and a $300 donation to
10:02us.
10:17Just how you understand the conditions with Sanchez.
10:21I will keep you to it strictly. I'm going to monitor you myself.
10:26You will report to me here to the court, so that I make sure everything gets done well.
10:32If you're not in compliance. I will issue a warrant for your rest.
10:37You will be put in the jail.
10:39And then you'll be facing up to 180 days in jail. If you test positive for alcohol, or any kind of drugs.
10:46I will put you in a treatment facility in the jail.
10:50You understand man.
10:52No alcohol, no dope.
10:55No driving. You must have a. What does she have now does she have a scram right now.
11:04Has she had.
11:05Do we know if she's had any violations while she's been on, I don't think so.
11:12This time your honor.
11:19We have to figure out something about as far as the baby situation with the interlock, or with the portable device.
11:29I will follow the state's agreement here.
11:33But like I said I'm keeping you close to me.
11:36From now on you'll be facing a minimum of 30 days in jail if you ever pick up another DWI.
11:41You understand, you give up the right to a trial, right to compel witnesses to testify on your behalf, confront and cross examine your accusers if you're not a citizen.
11:50If possible, immigration consequence you can be deported excluded from the country denied naturalization under federal law.
12:01Hey, if you can do the repeat offenders you get the education class, did you say victim impact panel. How many, one, one victim impact panel, you will be required to do a TRS which is an evaluation to see what other conditions you may need.
12:16You must fulfill those conditions.
12:19Guardian interlock no drugs.
12:23Alcohol.
12:26Random UA.
12:29When is it to deliver man what day.
12:56Sorry.
13:03If I could request anything your honor.
13:05It'd be the beginning of the year in January 2025.
13:14Yes.
13:24She must get it done within six months. Okay.
13:28Ma'am, how do you plead to the offense guilt you're not guilty.
13:32I will find you guilty will send it to the disagreement. Good luck to you, ma'am.
13:40I'll let her choose the name. She has up to six months.
13:44Good luck, man.