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.
Wouldn’t it be nice if you could fool breath testing devices when pulled over for a suspected DUI? An email has been widely forwarded that basically claims that sucking on a penny or a breath mint will help a suspected drunk driver defeat a breath test. However, this claim is false.
Many people have made the assertion that various substances or objects placed in the mouth can improve the reading on a breathalyzer test. Some of these items include pennies, Listerine Breath Strips, Icebreakers gum, Binaca spray, Certs, Tic Tacs and Clorets.
People have claimed that a mouthful of pennies could negate the test because of the presumed copper content. Pennies held in the mouth in no way lowers the BAC reading on a breath test. Mints and gum can help cover the scent of alcohol on the breath, which could help if a police officer has pulled you over, but it will not change your BAC results from a breathalyzer.
According to Snopes.com, a man actually tried the penny trick, but it did not work. When an East Hampton man was pulled over for drunk driving, the police officer found that he was sucking on a penny. The driver had a slurred speech and couldn’t stand up straight. He failed all of the standard sobriety tests.
Breath testing equipment uses a ratio when converting alcohol in the breath to alcohol in the blood. In most states, if you have a blood alcohol content (BAC) of .08 percent or above, you will be considered to be driving under the influence (or driving while intoxicated).
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