Repeat Felony Dui Offender Sentenced to Probation For A Second Time; Was On Felony Probation At The Time Of This Offense, Now Has Five Dui Convictions

On Monday, February 26, 2024, Sonoma County Superior Court Judge Dana Simonds overruled prosecutors’ objections and sentenced repeat felony DUI offender Juan Garnica Vigil to probation. Vigil is a five-time convicted DUI driver who was on felony probation at the time of this most recent felony DUI offense.

In this case, the District Attorney’s Office required Vigil to plead to all charges, including felony DUI with prior convictions, and a special enhancement for a blood alcohol level of more than .15; a misdemeanor for driving without an ignition interlock device; and another misdemeanor for driving on a suspended license when his driving privilege had been revoked by the DMV for a prior DUI. In addition to his “no contest” pleas, Vigil admitted six “factors in aggravation” including his admission that this felony DUI collision involved 1) “acts disclosing a high degree of cruelty, viciousness, or callousness; 2) damage of great monetary value; 3) violent conduct indicating a serious danger to society; 4) prior convictions are numerous or of increasing seriousness; 5) defendant was on probation when he committed this crime; 6) defendant’s prior performance on probation was unsatisfactory.

At sentencing, the District Attorney sought the maximum penalty of three years, eight months in state prison. Instead, Judge Simonds followed her prior indicated sentence, placed Vigil back on probation, took a waiver of custody credits, suspended a three-year, eight month prison sentence, and ordered Vigil to complete residential treatment.

Defendant Vigil has three prior DUI convictions from 2014. Vigil was also convicted of felony DUI on September 25, 2018. Judge Simonds was also the sentencing judge in that case. She had placed Vigil on probation and ordered him released to residential alcohol/drug treatment when bed space became available. Subsequent to his sentencing in that prior felony, Vigil repeatedly violated the terms of his grant of probation. One of those violations included this felony DUI.

Vigil also has prior misdemeanor convictions for domestic and elder abuse from 2010 and 2017.

FACTS OF THIS DUI

On June 2, 2023, sixty-year-old defendant Juan Garnica Vigil was detained by the Santa Rosa Police Department near his pickup truck near the intersection of Senna Drive and Baggett Drive in Santa Rosa.  Vigil appeared highly intoxicated. He provided a breath test measuring .33/.31 blood alcohol level in his system, which is approximately four times the legal limit of .08 blood alcohol.

According to witnesses at the scene, after crashing into a parked car, Vigil attempted to leave the scene before he was stopped and had his keys taken away by a witness to the accident. Vigil took his keys back from the witness and repeatedly tried to start his truck prior to SRPD’s arrival. He was arrested at the scene.

Vigil was on felony probation for a prior DUI at the time of his arrest. The conditions of that probation grant included “be of good conduct and obey all laws,” “ignition interlock device,” “do not drive with any measurable amount of alcohol in blood, “not to possess or use any alcohol.” Vigil’s probation was violated as a result of his “no contest” pleas in this case.

When interviewed, Vigil admitted to drinking alcohol and driving. His truck had no interlock ignition device.

This case was prosecuted by the District Attorney’s specialized Vertical DUI Prosecution Unit and investigated by the Santa Rosa Police Department.

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