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.
Harris County Texas Sheriff's Deputy Craig Miller was killed in an unfortunate motor vehicle collision on February 21, 2008.
Deputy Miller was on his way to relieve another Deputy conducting surveillance on a suspected criminal activity.
Jose Vieyra, driving a box truck, pulled out onto Katy Freeway in Houston, Texas, in front of Deputy Miller.
Deputy Miller did not attempt to brake as there were no skid marks in his lane; Miller passed away at the scene.
Vieyra was charged with criminally negligent homicide.
Now the Rest of the Story:
- Deputy Miller was not wearing his seat belt,
- Deputy Miller had a .27 blood-alcohol content,
- Vieyra had a valid driver's license at the time of the accident,
- Vieyra had no criminal record,
- Initially Sheriff's Dept. indicated that the .27 would not effect Vieyra's charge,
- Charges against Vieyra, in light of Deputy Miller's .27 bac,were dismissed,
- Vieyra may be deported as his papers had expired.
Harris County is known for its surveillance efforts:
Thanks to Harrisonburg DWI Lawyer Bob Keefer, www.BobKeeferLaw.com, for providing us with this information.
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