Go to navigation Go to content
 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.  

Comments (0)

On a NBA telecast on TNT, Charles Barkley, a former Phoenix Suns star, apologized for his DUI arrest in Arizona.  Barkley said that he will never get behind the wheel when he’s drunk and encouraged other people to do the same.

Barkley went on to say in the on-air apology that he embarrassed everyone in his life and was sorry for doing that.  He said that many people stopped him on the street and told him that even though he messed up, he should keep moving forward with his life.  Barkley also said that he appreciates his bosses at TNT, as they offered support during his situation.  Following the arrest, Barkley had taken a leave of absence as a NBA commentator with TNT Sports.

Barkley was arrested on December 31, 2008 after he was pulled over in Old Town Scottsdale.  At the time of the arrest, he was driving his wife’s SUV and had a blood-alcohol content of .149 percent, which is nearly twice the legal limit of .08 percent under Arizona law.  He was arrested, cited and released on suspicion of two counts of misdemeanor DUI in Arizona.

According to a police report, Barkley informed police that he had driven 30 seconds and was in a hurry to pick up a woman.  He was stopped by an officer after he was spotted rolling through a stop sign at 75th Street and Sixth Avenue.

Barkley admitted to drinking vodka with some friends at the Dirty Pretty bar.  He did not perform well during the field sobriety test and would not take a portable breathalyzer test, but did agree to a blood test.

Barkley was sentenced with 10 days in jail and a fine of $2,000 by a Scottsdale, Arizona judge.  If he completes a court-approved alcohol program, his jail sentence will be reduced to 5 days.

Category: Keyword Search: Arizona BAC

Comments (0)

Arizona Legislature proudly passed the strictest DUI laws in the country and began enforcement last year.

The legal limit for blood-alcohol content (BAC) is now .08 percent in Arizona and punishment for DUI conviction has become more severe.  Under the new law, a first-time DUI offender in Arizona may be required to install an ignition-interlock device in the car.  This device reads the driver’s BAC before the engine will start.

Another major change to Arizona DUI laws is the elimination of a certain quantitative BAC requirement to charge the driver with DUI.  Drivers have been charged with DUI with a BAC as low as .06 percent.  Some critics of the Arizona DUI laws have claimed that they are too ambiguous, allowing police officers to have too much power. 

If you are pulled over for DUI in Arizona, the police officer will ask you to submit to sobriety tests and will use the evidence collected against you.  The police officer will take notes as you perform certain tasks and if you appear to be intoxicated, you may be arrested for DUI.

Drinking and driving is a problem in Arizona.  Research by the National Highway Traffic Safety Administration (NHTSA)  shows that more than 30 percent of traffic fatalities in Arizona are related to alcohol.  People are encouraged to designate a driver, call a taxi or use public transportation, but that is not always an option.  Arizona’s public transportation system does not run late enough for many people and taxis can get expensive.  For example, the last bus leaving Tempe departs at 1:00 AM.  Increasing the hours of public transportation may be one way to lower the number of drunk driving accidents in Arizona.

Category: Keyword Search: Arizona BAC