A Long Island judge today said he let a drunk driver off with no jail time — even though she nearly killed a husband and wife — because she slowed down from 94 miles per hour to 55 before she slammed into the couple’s car.
The braking proved the defendant was reckless — but not depraved in her state of mind during the June, 2009 crash, the judge concluded.
Nassau County Judge George Peck gave Erin Marino, 31, just time served — only twenty days — along with five years probation.
The victims Nicolas and Edita Bonilla — who had asked for a five-year jail sentence — were in court and have since recovered.
Peck ignored a Department of Probation report, which recommended upstate jail time for Marino, a teacher.
The judge told the packed Mineola courtroom that he realizes that although “this is a just sentence – it may not be a popular one.’’
Marino initially beat the rap by claiming the problems at the Nassau County Police lab meant her DWI blood test might have been bungled.
Peck tossed the DWI charge — but was later overruled by a higher court.
“She crashed into that family and almost killed them and she received no jail time,’’ said indignant Nassau Prosecutor Maureen McCormick.
“It sends the message that, if you are an alcoholic, you have an excuse to drive… you get a free pass,’’ said McCormick.
The Bonillas, she said, “feel as if it’s an unjust sentence. They thought she should do prison time.’’