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Plea deal for South Florida woman charged in DUI crash goes up in smoke

7-year prison term off table after defendant tests positive for marijuana

MIAMI – A South Florida woman charged with seriously injuring a high school principal while driving drunk had hoped to avoid a trial with a plea deal, but the monthslong negotiations fell apart again Wednesday when she tested positive for marijuana.

Marilyn Aguilera was taken in custody after Miami-Dade Circuit Judge Diane Ward rescinded the deal. Aguilera will remain in jail until a Dec. 11 hearing, which will determine whether she will go to trial or be eligible for another deal.

"In order to have today go more smoothly, she decided to smoke marijuana which was a huge mistake, and I explained that to her," defense attorney Ana Davide said.

Under the proposed deal, Aguilera would have served seven years in state prison and would have not been subject to probation after her release. Also, her driver's license would have been permanently‪ revoked.

Police said Aguilera's was driving drunk on April, 26, 2016 when she struck Javier Perez, the principal of South Dade Senior High School, with her SUV.  Police said they found alcohol in the SUV, and her blood alcohol level was almost triple the legal limit.

Perez lost both of his legs in the crash, which happened as he coached his son's Little League baseball game at a West Miami-Dade baseball field. Another man, Elias Espinoza, was also injured. 

Aguilera's legal team had negotiated another deal in July, which included a four-year prison term among other conditions. But Judge Ward rejected the agreement after Aguilera arrived late to the courtroom and became and emotional and hesitated when it came time to finalize the deal.

Ward admonished her, saying "act like a grownup."