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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.  

5/7/2012
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PREVENTING THE REPEAT DUI

PREVENTING THE REPEAT DUI

Category: Keyword Search: California DUI attorney

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 attorney

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 attorney

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 attorney

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 attorney

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 attorney

4/18/2012
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REDUCING A FELONY TO A MISDEMEANOR

REDUCING A FELONY TO A MISDEMEANOR

Category: Keyword Search: California DUI attorney

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 attorney

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 attorney

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 attorney

3/22/2012
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CONCORD DUI CHECKPOINT THIS WEEKEND

Concord check point info

Category: Keyword Search: California DUI attorney

3/15/2012
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FLAWS IN PAS TESTS WIDESPREAD

PAS devices

Category: Keyword Search: California DUI attorney

3/15/2012
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ST. PATRICK’S DAY DUI CHECKPOINT IN SAN FRANCISCO

Holiday DUI Checkpoint in San Francisco

Category: Keyword Search: California DUI attorney

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 attorney

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 attorney

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 attorney

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 attorney

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 attorney

2/10/2012
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MORE CHARGES COMING FOR ALLEGED DIRTY COP

Hire experienced DUI attorney to best represent you

Category: Keyword Search: California DUI attorney

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 attorney

12/22/2011
James W Harwood
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Your Miranda Rights: Part 2

Today, I want to talk about what you need to do to invoke your Miranda rights.

Category: Keyword Search: California DUI attorney

12/21/2011
James W Harwood
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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: California DUI attorney

12/19/2011
James W Harwood
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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: California DUI attorney

12/16/2011
James W Harwood
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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: California DUI attorney

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: California DUI attorney