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