VIDEO: Family of toddler killed in freeway crash starts petition to change DUI laws


SUNNYVALE (KRON) -- The family of a toddler killed in a freeway crash last month has started a petition to change what happens to those who drive under the influence.

The family said it wants to change what happens when police arrest someone for driving under the influence. In this particular case from Sept. 9, it was Yarenit Malihan who crashed into the Dunns' stalled car on Highway I-680.

Officers said Malihan was driving under the influence of drugs. Elijah was killed and his mother was badly injured.

Normally for drunk driving, officers take the driver's license, give them a temporary one, and wait for the DMV to decide whether it will revoke it altogether.

But the law is different for DUI's involving drugs. They don't send your license to the DMV in those cases.

Malihan, for example, can continue driving at least until she appears in court. That is why the Dunn family has a petition going.

"We need this to be stopped. We need a bill to be passed to say, 'We can no longer have anybody under the influence of drugs, under the influence of alcohol, that are driving. Take your license away. You have no right to drive, period,'" Elijah's grandfather Chuck Manoiki said.

That petition is called "Justice for Elijah" at

The family says Mothers Against Drunk Driving (MADD) is supporting them in this.

Almost 2,000 people have signed the petition already.

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