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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.  

11/7/2012
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Man Sentenced to Seven Years Prison For Repeat DUI

Repeat DUI offender sentenced to seven years prison after pleading guilty to his 12th DUI.

Category: Keyword Search: California DUI

10/22/2012
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New Special DUI Prosecutors Announced in Solano County

The Solano County DA's Office has announced that they will start a new specialized DUI enforcement team.

Category: Keyword Search: California DUI

9/7/2012
James W
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Forced DUI Blood Draws in California

In California, many police departments will forcibly take a suspect's blood if he refuses to provide a sample voluntarily in a DUI investigation.

Category: Keyword Search: California DUI

5/18/2012
James W Harwood
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LONG JAIL SENTENCES NOT THE ANSWER

Marin County Reverend Off Base in Asserting Answer to Driving Under the Influence is Longer Jail or Prison Sentences

Category: Keyword Search: California DUI

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

COURT V. JURY TRIAL IN DUI CASES

Category: Keyword Search: California DUI

5/2/2012
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BAY AREA MEDIA PERPETUATES THE DUI GUILT MYTH

BAY AREA MEDIA PERPETUATES THE DUI GUILT

Category: Keyword Search: California DUI

4/27/2012
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SAN FRANCISCO CINCO DE MAYO DUI CHECKPOINT

There will be a driving under the influence (DUI) sobriety checkpoint set up in The City this weekend

Category: Keyword Search: California DUI

4/26/2012
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SOUTHERN CALIFORNIA LEGISLATOR ARRESTED FOR DUI

SOUTHERN CALIFORNIA LEGISLATOR ARRESTED FOR DUI article

Category: Keyword Search: California DUI

4/25/2012
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CINCO DE MAYO BAY AREA CRACKDOWNS

Information regarding Bay Area Cinco de Mayo driving under the influence (DUI) enforcement is starting to trickle in.

Category: Keyword Search: California DUI

4/24/2012
Eva Hsu
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MOBILE HANGOVER HELPERS

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: California DUI

4/24/2012
Eva Hsu
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MOBILE HANGOVER HELPERS Article

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: California DUI

4/20/2012
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PRIVATE PROPERTY DUI

PRIVATE PROPERTY DUI

Category: Keyword Search: California DUI

4/20/2012
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PRIVATE PROPERTY DUI Article

PRIVATE PROPERTY DUI

Category: Keyword Search: California DUI

4/16/2012
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SOBRIETY CHECKPOINT IN SAN FRANCISCO THIS WEEKEND

The DUI checkpoint will be located near the intersection of Geary Boulevard and Steiner Street, in the Fillmore District. It will begin Saturday night, April 21st at 8:30 p.m., and end early Sunday morning.

Category: Keyword Search: California DUI

4/12/2012
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LIAR, LIAR

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: California DUI

4/12/2012
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CAN I BE STRIP SEARCHED AFTER A DUI?

An important ruling from the U.S. Supreme Court came down this month regarding strip searches in jails.

Category: Keyword Search: California DUI

3/22/2012
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HOW STONED IS TOO STONED

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: California DUI

3/8/2012
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RUNNING FROM THE COPS IS NEVER A GOOD IDEA

Let your attorney fight the cops on your behalf later in court instead of running away from the cops.

Category: Keyword Search: California DUI

3/2/2012
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MORE KIDS DRIVING HIGH

A startling number of youths are driving after smoking marijuana

Category: Keyword Search: California DUI

2/27/2012
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DUI DISCOVERY

California and U.S. discovery rules play an important part in defending your driving under the influence case.

Category: Keyword Search: California DUI

2/27/2012
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More DUI DISCOVERY

California and U.S. discovery rules play an important part in defending your driving under the influence case.

Category: Keyword Search: California DUI

2/21/2012
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The Guilt Myth

Being accused of a DUI does not mean you are convicted of it.

Category: Keyword Search: California DUI

2/10/2012
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SHIFTING BLAME IN DEADLY DUI CASE

People point fingers at each other when tragic event happens. Drink responsibly

Category: Keyword Search: California DUI