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.  

4/18/2012
Comments (0)

REDUCING A FELONY TO A MISDEMEANOR

REDUCING A FELONY TO A MISDEMEANOR

Category: Keyword Search: California DUI conviction

3/22/2012
Comments (0)

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 conviction

3/22/2012
Comments (0)

CONCORD DUI CHECKPOINT THIS WEEKEND

Concord check point info

Category: Keyword Search: California DUI conviction

3/15/2012
Comments (0)

FLAWS IN PAS TESTS WIDESPREAD

PAS devices

Category: Keyword Search: California DUI conviction

3/15/2012
Comments (0)

ST. PATRICK’S DAY DUI CHECKPOINT IN SAN FRANCISCO

Holiday DUI Checkpoint in San Francisco

Category: Keyword Search: California DUI conviction

3/8/2012
Comments (0)

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 conviction

2/21/2012
Comments (0)

The Guilt Myth

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

Category: Keyword Search: California DUI conviction

12/22/2011
James W Harwood
Comments (0)

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 conviction

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: California DUI conviction

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: California DUI conviction

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: California DUI conviction

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: California DUI conviction

12/9/2011
James W Harwood
Comments (0)

Santa Rosa DUI Checkpoint this Weekend!!!

There will be a driving under the influence (DUI) sobriety checkpoint conducted this Saturday, December 10th.

Category: Keyword Search: California DUI conviction

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: California DUI conviction

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: California DUI conviction

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: California DUI conviction

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: California DUI conviction

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: California DUI conviction