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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.  

5/11/2012
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COURT V. JURY TRIAL IN DUI CASES

COURT V. JURY TRIAL IN DUI CASES

Category: Keyword Search: CA minimum legal drinking age

5/7/2012
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PREVENTING THE REPEAT DUI

PREVENTING THE REPEAT DUI

Category: Keyword Search: CA minimum legal drinking age

5/4/2012
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NO DRINKING FOR BOBBY BROWN AFTER DUI

NO DRINKING FOR BOBBY BROWN AFTER DUI

Category: Keyword Search: CA minimum legal drinking age

4/20/2012
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PRIVATE PROPERTY DUI

PRIVATE PROPERTY DUI

Category: Keyword Search: CA minimum legal drinking age

4/20/2012
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PRIVATE PROPERTY DUI Article

PRIVATE PROPERTY DUI

Category: Keyword Search: CA minimum legal drinking age

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.

Category: Keyword Search: CA minimum legal drinking age

3/3/2009
Mindy
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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 minimum legal drinking age