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.
COURT V. JURY TRIAL IN DUI CASES
Category: Keyword Search: CA driving while under the influence
PREVENTING THE REPEAT DUI
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NO DRINKING FOR BOBBY BROWN AFTER DUI
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BAY AREA MEDIA PERPETUATES THE DUI GUILT
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There will be a driving under the influence (DUI) sobriety checkpoint set up in The City this weekend
Category: Keyword Search: CA driving while under the influence
SOUTHERN CALIFORNIA LEGISLATOR ARRESTED FOR DUI article
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Information regarding Bay Area Cinco de Mayo driving under the influence (DUI) enforcement is starting to trickle in.
Category: Keyword Search: CA driving while under the influence
The only way to be assured of sobriety is to sleep it off long enough for all of the alcohol to exit your body.
Category: Keyword Search: CA driving while under the influence
The only way to be assured of sobriety is to sleep it off long enough for all of the alcohol to exit your body.
Category: Keyword Search: CA driving while under the influence
PRIVATE PROPERTY DUI
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PRIVATE PROPERTY DUI
Category: Keyword Search: CA driving while under the influence
REDUCING A FELONY TO A MISDEMEANOR
Category: Keyword Search: CA driving while under the influence
After you have been pulled over for suspected driving under the influence (DUI), it is important to know that you do not have to answer most of the police officer’s questions.
Category: Keyword Search: CA driving while under the influence
An important ruling from the U.S. Supreme Court came down this month regarding strip searches in jails.
Category: Keyword Search: CA driving while under the influence
DUI check points
Category: Keyword Search: CA driving while under the influence
DUI check points
Category: Keyword Search: CA driving while under the influence
It would rely on the subjective and biased observations and field sobriety tests of the officer to draw the conclusion that the subject is too intoxicated on marijuana to drive safely
Category: Keyword Search: CA driving while under the influence
Concord check point info
Category: Keyword Search: CA driving while under the influence
Arrange alternative transportation instead of drunk driving
Category: Keyword Search: CA driving while under the influence
Holiday DUI Checkpoint in San Francisco
Category: Keyword Search: CA driving while under the influence
Let your attorney fight the cops on your behalf later in court instead of running away from the cops.
Category: Keyword Search: CA driving while under the influence
A startling number of youths are driving after smoking marijuana
Category: Keyword Search: CA driving while under the influence
California and U.S. discovery rules play an important part in defending your driving under the influence case.
Category: Keyword Search: CA driving while under the influence
California and U.S. discovery rules play an important part in defending your driving under the influence case.
Category: Keyword Search: CA driving while under the influence
Being accused of a DUI does not mean you are convicted of it.
Category: Keyword Search: CA driving while under the influence