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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.  

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If you have been arrested for driving while intoxicated (DWI) in New York, there are some facts you need to know.  In New York, DWI cases can be brought under one of two legal theories – DWI “per se” law, which is solely based on alcohol level, not driving impairment, and common law, where the prosecutor must prove that the defendant was intoxicated.

When it comes to the common law theory, the DWI accusation can be based on the opinion of the arresting officer and does not require a blood alcohol level (BAC) reading.  The arresting officer may conclude that a driver is intoxicated if he or she shows an inability to operate a motor vehicle as a reasonable and prudent driver.

A DWI conviction in New York not only may result in a criminal offense, which will go on the driver’s criminal record, it will also cause driving privileges to be suspended.   There are also fines associated with DWI offenses in New York and possible jail time.  The punishment will depend on whether the DWI arrest was for a misdemeanor or felony.  A felony drunk driving conviction can result in time spent in state prison.

If you have been accused of DWI, you should consult with a New York DWI lawyer immediately.  There are drunk driving defenses available and many drivers are wrongfully accused of DWI.  Contact an experienced DWI attorney today at 888-DWI-Answer.com.

Category: Keyword Search: DWI

Bob Battle- Richmond Area
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The Harris County Sheriff's Department had to know that conducting surveillance on Plaintiffs in a civil rights violation suit was wrong.

The Ibarra brothers, a local business owner and a Judge sued Harris County.

Business Owner Loyd Henderson was a plaintiff; his security camera showed Henderson being shoved to the floor and cuffed without warning by a Harris County Sheriff's Deputy.

Henderson had called the Sheriff's Departmetn for help after a robbery.

Municipal Judge April Walker was also a Plaintiff in that suit; Judge Walker was arrested after calling the Sheriff's Office for help.

The Deputy that was called to help calm a neighborhood dispute threw Judge Walker to the ground and handcuffed her.

Judge Walker was charged with impersonating a public officer and assault on a police officer.

The Ibarro Brothers, as mentioned in an earlier blog, were arrested while videotaping the arrest of a neighbor.


Category: Keyword Search: DWI