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.  

12/21/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

12/19/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

12/16/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

12/14/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

12/8/2011
James W Harwood
Comments (0)

Racial Profiling

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

Category: Keyword Search: CA blood-alcohol level

12/6/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

12/2/2011
James W Harwood
Comments (0)

Discovery of Police Records

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

Category: Keyword Search: CA blood-alcohol level

12/2/2011
James W Harwood
Comments (0)

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.

Category: Keyword Search: CA blood-alcohol level

11/18/2011
James W Harwood
Comments (0)

Attempted Driving Under the Influence

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

Category: Keyword Search: CA blood-alcohol level

3/17/2009
Mindy
Comments (0)

California police statewide are joining forces this St. Patrick’s Day in the DUI Crackdown Campaign which began Friday, March 13 and will continue through Tuesday, March 17, St. Patrick’s Day.

Enforcement efforts include DUI patrols, speed belt enforcement, roving DUI patrols and sobriety checkpoints.  The campaign is designed to educate the public about the dangers of driving impaired.  Funding for the campaign was provided by a grant from the California Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration.

CHP Commissioner Joe Farrow has indicated that “safety on the roadways is everyone’s responsibility.  If you are going to be drinking, make sure you have a designated driver.”

On Friday, the Costa Mesa police department conducted a sobriety checkpoint where they stopped 364 vehicles and screened 34 drivers for driving under the influence.  Out of those screened, four were arrested on DUI charges. 

Law enforcement statewide will be staffed and equipped to man sobriety checkpoints with the main hours of operation focused between Tuesday night and into early Wednesday morning.  In the Sacramento area, officers who have been trained in detecting alcohol and drug impaired drivers will be at checkpoints Tuesday night equipped with hand-held breath-testing devices. CHP is cracking down hard, and will be looking to arrest anyone under the influence who is operating a vehicle.

According to CHP, last year on St. Patrick’s Day, 50 people were injured in 110 alcohol involved traffic accidents.  The number of people killed in alcohol involved collisions in California has risen from 1,233 in 2000 to 1,489 in 2007.  Police are hoping that their aggressive campaign and urging the public to call 911 to report a drunk driver will make California roads a safe place this holiday.



Category: Keyword Search: CA blood-alcohol level

3/3/2009
Mindy
Comments (0)

Every year, college students are caught drinking and driving and often found guilty of DUI in California.  Just like the rest of the states, California has a set minimum legal drinking age of 21.  If you are under the age of 21 and caught drinking alcohol, it can be considered a crime.

When it comes to California DUI law html, there is very little leniency if you are found drinking and driving and are under the age of 21.  According to California drunk driving law, anyone who is under 21 years of age is not allowed to drive if they have a blood alcohol concentration of .01 or above.  That blood alcohol concentration could be as little as one beer.  So, if you are under 21 and pulled over for DUI in California, even just a small amount of alcohol in your system could get you a DUI conviction.

DUI carries significant penalties in California and since it is generally considered a misdemeanor, it could go on your criminal record.  Penalties for a DUI conviction in California include a license revocation, possible jail time, a significant fine and attendance at DUI school.  A DUI offense could also affect your future employment, as job applications usually ask about criminal records, plus your insurance rates will go up. 

If you are facing a DUI conviction in California, you need to contact an experienced DUI attorney immediately.  Call 888-DUI-ANSWER today.



Category: Keyword Search: CA blood-alcohol level

2/18/2009
Mindy
Comments (0)

According to a recent report, there were 68 DUI arrests in Napa County in January alone.

The NapaValleyRegister.com released a report reflecting the number of DUI arrests and DUI convictions, including so-called “wet reckless” convictions, in Napa County.  The information comes from the Napa County Sheriff’s Department and reflects monthly statistics.  There are even names, convictions and blood-alcohol levels listed in the report that come directly from Napa County Superior Court.

The DUI convictions listed in the report are cases where the defendants pleaded guilty or no contest to one or more drunk driving charges or where one or more of the charges led to a guilty verdict at trial.

NapaValleyRegister.com’s report shows vehicle code violations, which are driving under the influence (Vehicle Code section 231512), reckless driving while under the influence (23103.5) and causing injury to another person while driving while under the influence (23153).

The Napa County Superior Court provided blood-alcohol levels based on the results from various tests.  Some of the blood-alcohol tests were taken at the time of the arrests, while others were taken with a blood sample at a later time.  The results of these tests have not necessarily been proven or admitted in court.  In California, a person is not allowed to drive if he or she has a blood-alcohol level of 0.08 percent or higher.

Below is a summary of the number of arrests, DUI convictions and blood alcohol levels.  Names are listed in the report, as well, which can be found on NapaValleyRegister.com

DUI Arrests: 68

DUI Convictions/pleas: 63

Reported blood-alcohol below .10 or unavailable: 18

Reported blood-alcohol between .10 and .19: 32

Reported blood-alcohol between .20 and .29: 12

Reported blood-alcohol between .30 and .39: 1



Category: Keyword Search: CA blood-alcohol level