She was sentenced in Alameda County Superior Court to three years probation, with 106 days credit for time served in jail, after pleading no contest to misdemeanor DUI and child cruelty.
Malihan, who is married to an Alameda County Sheriff's deputy, remains out of jail custody as the investigation into the fatal September crash is ongoing.
California Highway Patrol public information officer Derek Reed said the CHP investigation is not complete because it is waiting on a report from the coroner.
"Our report has not been filed with the DA yet because of that reason," Reed said. "As soon as we receive that, we can move forward."
Reed added that he did not know when that report would be sent to them. The Contra Costa County Sheriff's Office, which oversees the county's coroner's office, had not returned a request for comment as of Tuesday afternoon.
The Contra Costa County District Attorney's Office would consider whether to file charges once it receives the investigative report from the CHP.
Malihan's attorney, Kim Burgess, had not returned multiple requests for comment as of Tuesday afternoon.
According to the initial crash report from the CHP, Malihan's Toyota Sequoia slammed into the back of a black Toyota Camry parked on the shoulder of northbound I-680 near Bollinger Canyon Road, killing toddler Elijah Dunn on Sept. 9. The 3-year-old's mother also suffered major injuries in the crash, and his brother and sister sustained minor injuries.
Malihan was treated for minor injuries and then arrested by CHP officers and booked into jail following a drug recognition test. She was released on bail the next day.
The CHP said at the time that Malihan had a valid driver's license and no prior DUI convictions.
While Malihan awaits word on possible charges stemming from the September crash, court records indicate she has resolved the separate misdemeanor DUI case in Alameda County.
On June 7, 2016, Pleasanton police met with Malihan at her home after receiving a report of a family disturbance, according to Alameda County prosecutors.
Upon contact, an officer observed that Malihan had slurred speech, red and watery eyes and smelled like alcohol. Malihan reportedly admitted to police that she had driven her car and picked her 10-year-old daughter up from a friend's house roughly 30 minutes before they arrived. She also admitted to drinking and consuming Norco, a pain reliever, earlier that day, according to prosecutors.
Malihan was arrested, received a blood test and was booked into Santa Rita Jail where she spent two days in custody. Her test later came back with a blood alcohol content of 0.13%.
Prosecutors filed misdemeanor charges of DUI and child endangerment against Malihan in late July. Following the fatal September crash, a judge granted the prosecution's request that bail newly be set at $250,000 and Malihan was subsequently taken into custody.
Court records show that on Dec. 8 at the Fremont Hall of Justice, Malihan pleaded no contest to one count of driving while having a blood alcohol level of 0.08% or higher and one count of child cruelty.
Judge Jacob Blea sentenced Malihan to three years' probation with 106 days of that probationary period spent in Santa Rita Jail.
Malihan was credited with serving 106 days in jail, with 53 days of actual time in jail and 53 days of behavioral credit, according to court documents. She was also required to pay roughly $2,200 in fines and ordered to take online parenting classes.
As part of her sentence, Malihan will have to obey all laws and report to the court when ordered to do so. She cannot drive unless licensed and insured, and not with any measurable alcohol in her system.
Malihan is scheduled to appear in court for a probation progress report hearing on March 10.
In other police news
* A 25-year-old Livermore man was arrested on suspicion of assault with a deadly weapon early Tuesday morning after police allege he hit a Pleasanton man on the head with a baseball bat.
Just after 4 a.m., Pleasanton police were dispatched to the 1000 block of Riesling Drive, where they found a 22-year-old man who reported an acquaintance had just come to his home with a baseball bat, according to Sgt. Chris Niederhaus.
The injured man told police that Gabriel Ponce of Livermore struck the front door of his home repeatedly, and then an altercation ensued after he confronted Ponce, according to Niederhaus.
Police allege that during the altercation, Ponce struck the acquaintance in the head with a baseball bat and then fled the scene in a car.
While the victim was taken to the hospital for a non-life-threatening head injury, officers spotted Ponce's car being driven on Stanley Boulevard. A traffic stop was made and Ponce yielded, Niederhaus said. He was subsequently arrested on suspicion of assault with a deadly weapon and booked into Santa Rita Jail.
* Pleasanton police are investigating an assault downtown in which a woman reported being grabbed from behind by an unknown man last week.
Shortly after midnight last Friday, police received a 911 call about the assault from a woman on the 300 block of Main St., Lt. Kurt Schlehuber said in a statement.
Officers arrived on scene and met with the caller, a 43-year-old Pleasanton resident. She told police she was walking home on Main Street from a local restaurant when she saw a car drive past her, make a U-turn and park along West Angela Street, according to Schlehuber.
The victim heard the vehicle door open and the driver get out, and she was suddently grabbed from behind in a bear hug, Schlehuber said.
The woman was able to break free and pulled out her phone to call 911. The attacker got back into his car as he saw the woman on the phone.
The attacker is described as a Hispanic man 35 to 40 years old, 5 feet 10 inches tall weighing 200 to 230 pounds with a muscular build. He has short brown or black hair and did not have any facial hair, but his face was described as "long." The victim also described the suspect as "clean cut" and "good looking."
Schlehuber said all leads are being pursued at this time, and that there are several surveillance cameras in the area that may have evidence essential to the case.
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