SAN RAMON (KRON) — It has been four months since a San Ramon boy was killed in a crash by a woman arrested on suspicion of DUI.
It was her second DUI arrest within months of each other, and the investigation continues.
This investigation is taking some time to be complete. KRON4 sat down with one of the Mothers Against Drunk Driving.
She tells KRON4 this isn’t that unusual.
“I don’t think she’s slipping through the cracks,” Mary Klotzback said. “I think it’s a flaw in our system.”
Malihan was arrested twice last year for alleged DUI. The second time around, 3-year-old Elijah Dunn was killed in San Ramon.
“We obviously know she had a drinking problem, she had a huge problem, and she’s out endangering my family,” Klotzback said. “…I was driving home from work 10 minutes before that crash happened. It’s heartbreaking.”
There’s quite a bit of frustration because Malihan was driving on a valid license even after the first DUI. That happened in June.
Elijah was killed in September.
“It’s a flaw in the system that we have. It takes somebody four to six months to go to trial [for a DUI],” Klotzback said.
Although Malihan is married to a law enforcement officer, Klotzback does not believe the DUI driver is being treated any differently.
“It’s very frustrating, and we do want the DA’s office to get all the appropriate information so that this case doesn’t get thrown out, and that the perpetrator gets what she deserves,” Klotzback said.
In recent months, Governor Jerry Brown signed a bill into law that states anyone convicted of a DUI has to install a breathalyzer in their car.
The first offense means 6 months of using an ignition interlock device.
“Something has to be done when we have the technology, that while the person is waiting to go to trial, put the technology in the car, so you’re not driving,” Klotzback said.
The new law goes into effect in 2019.
Meanwhile, the California Highway Patrol is waiting on the coroner’s report to conclude their investigation.
KRON4 spoke with the coroner’s office on Thursday. We were told the report is done and will be signed off by Friday or Monday.
Then, it’ll be made available to the DA.