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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.  

11/17/2008
Anders Johnson
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You are driving in the Sunset District in San Francisco, California.  You are pulled over, and the officer suspects you are under the influence of alcohol.  You are arrested and taken to the San Francisco Police station for a breathalyzer test.  The breathalyzer estimates the concentration of alcohol in the blood. 

Can you control the breath test?  In other words, can you fool a breathalyzer into showing a lower BAC reading?    The answer is No.

There are a lot of people who believe certain myths regarding a breathalyzer and BAC. For example, sucking on pennies does not lower a BAC reading.  Breath mints?  No.  They only mask the odor of alcohol, they do not change the alcohol content being measured.  Indeed, you don’t have to drink alcohol to get arrested for a DUI, because the human body produces its own supply of alcohol naturally on a continuous basis.  Therefore, we always have alcohol in our bodies and in some cases, some people produce enough to become legally intoxicated.

Are breathalyzers are always accurate?  No, and many errors are made in tests because they lack precision. The police or sheriff department official administering the test can also affect the results of a test.  

So what can you do?  A qualified San Francisco DUI attorney can examine the test procedures, as well as the accuracy of the results.  The attorney can determine if there were errors, or if there are other factors effecting the final read out.  Don't assume the BAC taken at the police station is accurate.  You may not be able to control the results of the breathalyzer, but your attorney can control how those results are used.  In some cases, the results can be voided.



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