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 From an emotional standpoint, a case where someone is accused driving under the influence and killing another person is one of the toughest.  With the victim, you usually have someone who did not deserve to die.  They are often young, in the prime of their lives.  They are usually also close to the driver.  The victim is often a spouse, girlfriend, boyfriend, or sibling of the accused.  Unfortunately, that person is not available to express forgiveness to the driver.
 
As for the driver, you often have a person who has never been in trouble in his life.  He may be college educated, have a great job, and a loving family.  But for this horrible incident he would have continued to be an upstanding citizen.
 
Recently, a San Jose woman pled guilty to gross vehicular manslaughter after hitting and killing a 79 year old grandmother.  She is waiting to be sentenced by a Santa Clara County judge.  Her maximum possible sentence is 12 years in the state prison.  In fact, the judge is precluded from granting this woman probation unless he finds “unusual circumstances” where the interests of justice require it.  According to statements, the family of the victim has forgiven the defendant, and believes that the victim would forgive her as well.  Unfortunately, California DUI sentencing law provides somewhat less opportunity for the Court to forgive her. 

As a former prosecutor, I can tell you that, regardless of the outcome, nobody wins in these cases.  Regardless of what side you are on there is nothing but tragedy in these cases.  An innocent victim loses her life, and a contrite survivor is cast into the hell of the California prison system.  

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11/12/2012
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Pre-Trial Release Programs on the Rise

More California Counties are saving money by implementing no-bail pre-trial release programs

Category: DUI and DWI Laws For California

11/7/2012
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Man Sentenced to Seven Years Prison For Repeat DUI

Repeat DUI offender sentenced to seven years prison after pleading guilty to his 12th DUI.

Category: DUI and DWI Laws For California

11/6/2012
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San Rafael Police to Get a DUI Enforcement Grant

California awarded a grant to San Rafael to increase DUI enforcement.

Category: General

10/25/2012
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Bobby Brown Arrested Again For DUI

Bobby Brown was arrested in Los Angeles for a second DUI in less than a year.

Category: General

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10/22/2012
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New Special DUI Prosecutors Announced in Solano County

The Solano County DA's Office has announced that they will start a new specialized DUI enforcement team.

Category: DUI and DWI Laws For California

9/25/2012
James W
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Supreme Court to Rule on Legality of Forced Blood Draws

The United States Supreme Court will revisit the issue of whether or not law enforcement must get a search warrant before taking blood without consent from a suspected DUI driver.

Category: DUI and DWI Laws For California

9/20/2012
James W
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DUI Driver Runs Over Himself

A Northern California driver was cited for DUI after running over himself.

Category: General

9/18/2012
James W
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DUI Driver Crashes Into Golden Gate Toll Plaza

An alledged DUI driver from San Francisco drove into the barriers in front of the Golden Gate Bridge toll plaza.

Category: General

9/7/2012
James W
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Forced DUI Blood Draws in California

In California, many police departments will forcibly take a suspect's blood if he refuses to provide a sample voluntarily in a DUI investigation.

Category: DUI and DWI Laws For California

9/6/2012
James W Harwood
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Marin County Released its Labor Day DUI Results

Marin County arrested more suspected DUI drivers this year over Labor Day period.

Category: General

9/5/2012
James W Harwood
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DUI Arrests Down this Year in the Bay Area

DUI arrests were down this year over Labor Day across the Bay Area

Category: General

8/21/2012
James W Harwood
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Santa Clara County DUI Checkpoints Expected

Three DUI checkpoints scheduled for Santa Clara County

Category: General

8/16/2012
James W Harwood
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Eight DUI Checkpoints Planned for Alameda County

Alameda County will see eight DUI checkpoints over the Labor Day period.

Category: General

8/14/2012
James W Harwood
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San Francisco DUI Checkpoints Coming

Three DUI checkpoints are planned for the next two weeks in San Francisco.

Category: General

8/8/2012
James W Harwood
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Randy Travis Arrested for DUI

County musician Randy Travis was recently arrested for DUI and resisting arrest.

Category: General

8/1/2012
James W Harwood
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Oakland DUI Checkpoint Coming Up

Oakland Police will conduct a DUI checkpoint on August 10, 2012

Category: General

7/25/2012
James W Harwood
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Former Vallejo Police Captain Charged with DUI

A former Vallejo police captain was arrested for driving under the influence of sleeping pills.

Category: DUI and DWI Laws For California

7/23/2012
James W Harwood
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Does the NFL Have a DUI Problem?

According to a column on the Bleacher Report, the NFL should act tough to prevent players from driving drunk.

Category: General

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7/18/2012
James W Harwood
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Former Cal Star Arrested for DUI

Running back Marshawn Lynch arrested by California Highway Patrol in Alameda County for suspicion of DUI.

Category: DUI and DWI Laws For California

7/12/2012
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Young San Francisco Man Dies in his Brother's Arms After DUI

A San Francisco man died in his brother's arms in the Bayview after being thrown out of an alleged drunk driver's car.

Category: General

7/9/2012
James W Harwood
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Fewer DUI Arrests by CHP Over 4th of July

CHP in the San Francisco Bay Area made fewer DUI Arrests This Year Compared to Last Year.

Category: General

Labels: Bay Area DUI
7/3/2012
James W Harwood
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Marin County DUI Checkpoint This Weekend (6/6/12)

Marin County law enforcement will set up a DUI checkpoint in Sausalito (Marin County) on Friday, July 6th.

Category: General

7/3/2012
James W Harwood
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Contra Costa DUI Checkpoints this 4th of July Weekend

There will be two DUI checkpoints between the Fourth of July and the upcoming weekend in Concord and Richmond.

Category: General

7/3/2012
James W Harwood
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San Francisco Fourth of July 2012 DUI Checkpoint

San Francisco PD to conduct a DUI sobriety checkpoint tonight, July 3, 2012.

Category: General

6/28/2012
James W Harwood
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More Bay Area DUI Checkpoints This Weekend (6/29/2012)

There will be DUI Sobriety Checkpoints this weekend in Oakland and Benicia.

Category: General