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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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General

1/6/2012
Tom Foster
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Vehicle Forfeiture

Arrests for driving on a suspended license often follow driving under the influence convictions like day follows night.

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1/6/2012
Tom Foster
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Two Counties Report Their Holiday Drunk Driving Crackdown

Statistics for DUI enforcement efforts during the holiday period have been released by Solano and Alameda counties.

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1/3/2012
James W Harwood
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New Year’S Eve DUI Checkpoints

It looks like Bay Area drivers may not have to endure as many driving under the influence checkpoints as they did over the Christmas weekend.

DUI and DWI Laws For California

12/23/2011
James W Harwood
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Sobriety Checkpoints this weekend!

Four cities have publicized driving under the influence checkpoints they will conduct this weekend.

General

12/22/2011
James W Harwood
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Your Miranda Rights: Part 2

Today, I want to talk about what you need to do to invoke your Miranda rights.

12/21/2011
James W Harwood
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Your Miranda Rights

Many people charged with driving under the influence assume that failure by police offers to advise them of their Miranda rights should automatically win them a dismissal of their charges.

12/19/2011
James W Harwood
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More DUI Checkpoints this weekend

Yesterday I reported in my blog that there will be two driving under the influence vehicle checkpoints in Contra Costa County.

DUI and DWI Laws For California

12/16/2011
James W Harwood
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Contra Costa Sobriety Checkpoints

According to an article in the December 15, 2011 Contra Costa Times, police officers throughout the county are planning various increases in DUI enforcement.

General

12/14/2011
James W Harwood
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Driving on a Suspended License after a DUI

Most people arrested for driving under the influence of alcohol or drugs will face the reality of having their licenses suspended within 30 days.

12/9/2011
James W Harwood
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Santa Rosa DUI Checkpoint this Weekend!!!

There will be a driving under the influence (DUI) sobriety checkpoint conducted this Saturday, December 10th.

12/8/2011
James W Harwood
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Racial Profiling

The practice of racial profiling is probably as old as law enforcement.

12/6/2011
James W Harwood
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How Much Time Does to the DA Have to Bring You to Trial?

Your arrest for driving under the influence kicks off a number of important time limitations.

12/2/2011
James W Harwood
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A DUI in Federal Jurisdiction

Crossing into Federal Jurisdiction in San Francisco can be as easy as deciding to take a shortcut through The Presidio to get home from a restaurant.

DUI and DWI Laws For California

12/2/2011
James W Harwood
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Discovery of Police Records

Driving under the influence (DUI) prosecutions usual rely heavily on the testimony and credibility of police officer witnesses.

11/23/2011
James W Harwood
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FIGHTING BLOOD EVIDENCE

Blood sample evidence is frequently used in California as evidence of intoxication in driving under the influence cases. Out of the three available tests in Ca

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11/18/2011
James W Harwood
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Attempted Driving Under the Influence

Although rare, charges of Attempted DUI are not unheard of in California.

General

11/16/2011
James W Harwood
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License Plate Issues

The first step in beating a driving under the influence charge is not getting pulled over in the first place.

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11/11/2011
James W Harwood
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Ignition Interlock Devices

A growing trend seen in driving under the influence law is the use of ignition interlock devices (IID).

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11/7/2011
James W Harwood
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San Francisco TV Network Reports DUI Field Sobriety Tests Flawed

On October 27, 2011, KTVU, the San Francisco Fox affiliate aired a special report on the reliability of field sobriety tests.

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11/7/2011
James W Harwood
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Partition Ratio: More Reason to Question the Breath Test

We all know the situation: A person blows into a breath testing device, the thing emits a few clicks and beeps, a ticket chugs out saying 0.10, and another DUI

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11/7/2011
James W Harwood
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Dirty DUI/Dirty Cops

“One of the most deplorable legal practices I have ever heard of.” This was how a senior deputy district attorney in Contra Costa County described the circumst

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11/7/2011
James W Harwood
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Effects of Reflux Disease on Breath Tests

Breath testing has been touted as an accurate and reliable method of determining a person’s blood alcohol in driving under the influence cases.

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11/7/2011
James W Harwood
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Sobriety Checkpoints

Sobriety checkpoints occupy a precarious area in the law. Normally, an officer must have reasonable suspicion that you have somehow violated the law in order

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7/26/2009
Tom Foster
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Alexandria Police Chief charged with .19 DWI out of Arlington, Virginia car accident

David Baker, the Alexandria Virginia Police Chief was arrested on July 25, 2009 for DWI with a reported blood alcohol level of .19.  Chief Baker was involved in an automobile accident that sent at least one person to the hospital.  Chief Baker was placed on paid leave. This accident and arrest occurred in Arlington.  Chief Baker was in an Alexandria police department vehicle.



6/28/2009
Bob Battle
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Bob Keefer: Harrisonburg Rockingham County Virginia VA DUI DWI & Drunk Driving Lawyer: Even North Carolina State Troopers get charged with DWI DUI & Drunk Driving

North Carolina State Trooper John C. Fogg was arrested in June, 2009 for driving while intoxicated after he was involved in a two car crash on the Durham NC Freeway.

Fogg blew a .17 BAC on the ECIR2 breath tester in use in North Carolina.  The ECIR2 is not as effective in detecting mouth alcohol as its predecessor the I-5000. 

Fogg is 40 years old and a North Carolina State Trooper since 2007.