Famed jockey's daughter pleads not guilty in fatal DUI

Friday, December 21st 2007 -

MINEOLA, N.Y. - The daughter of renowned horse jockey Jose Santos has become one of the first people charged under a new state law that aims to heighten penalties for some drunken drivers involved in deadly wrecks, a prosecutor said.

Sophia Santos, 20, pleaded not guilty Thursday to aggravated vehicular homicide in a Nov. 11 crash that killed a grandmother out celebrating her birthday. Santos was ordered held on $1 million cash bond until a Jan. 7 court date; an update on her bail status was not immediately available early Friday from the Nassau County Correctional Facility.

If convicted, Santos would face at least five and as many as 25 years in prison.

Until the new law was enacted Nov. 1, most drunken drivers convicted in fatal collisions were eligible only for probation, said Nassau County District Attorney Kathleen Rice, who lobbied for the new statute. Tougher penalties required convictions on charges that entail proving drivers acted intentionally or with depraved indifference to human life, which was often difficult to do.

"When we were drafting this bill, I was hoping that my office would not have the unfortunate opportunity to be the first to use it," Rice said in a statement.

The new aggravated vehicular homicide charge requires prosecutors to prove a motorist guilty of driving while intoxicated, reckless driving and any one of several other criteria. They include having a blood-alcohol content of .18, more than twice the legal limit.

Santos' blood-alcohol level was three times the legal limit when she ran a red light and plowed her Mercedes Benz into another car in Levittown, Rice said. The collision killed a passenger in the other car, Virginia Casazza-Urgo, 62. Two other passengers in that car were hospitalized.

Santos was treated for injuries and released.

Commentary: If Sophia Santos was served alcohol at a bar, her victim might be able to bring a personal injury (wrongful death) lawsuit under New York’s Dram Shop Act. This law holds businesses that sell alcohol to intoxicated persons or under-age (minor) drinkers responsible for harm they may cause as a result. Typically, this occurs when someone gets drunk and operates a car.

If Sophia Santos was served alcohol at a bar, her victim might be able to bring a personal injury (wrongful death) lawsuit under New York’s Dram Shop Act. This law holds businesses that sell alcohol to intoxicated persons or under-age (minor) drinkers responsible for harm they may cause as a result. Typically, this occurs when someone gets drunk and operates a car.

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)