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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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4/16/2012
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SOBRIETY CHECKPOINT IN SAN FRANCISCO THIS WEEKEND

The DUI checkpoint will be located near the intersection of Geary Boulevard and Steiner Street, in the Fillmore District. It will begin Saturday night, April 21st at 8:30 p.m., and end early Sunday morning.

Category: General

4/12/2012
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LIAR, LIAR

After you have been pulled over for suspected driving under the influence (DUI), it is important to know that you do not have to answer most of the police officer’s questions.

Category: General

4/12/2012
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CAN I BE STRIP SEARCHED AFTER A DUI?

An important ruling from the U.S. Supreme Court came down this month regarding strip searches in jails.

Category: General

3/22/2012
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ST. PATRICK’S DAY DUI ACTION

DUI check points

Category: General

3/22/2012
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St. Patrick's Aftermath

DUI check points

Category: General

3/22/2012
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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: General

3/16/2012
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DUI CHECKPOINTS IN ALAMEDA COUNTY

Arrange alternative transportation instead of drunk driving

Category: General

3/8/2012
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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: General

3/2/2012
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MORE KIDS DRIVING HIGH

A startling number of youths are driving after smoking marijuana

Category: General

3/1/2012
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SERIOUS PROBLEMS WITH SAN FRANCISCO PAS DEVICES

SFPD has been calibrating its P.A.S devices, but has not been performing accuracy checks.

Category: General

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2/27/2012
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DUI DISCOVERY

California and U.S. discovery rules play an important part in defending your driving under the influence case.

Category: General

2/27/2012
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More DUI DISCOVERY

California and U.S. discovery rules play an important part in defending your driving under the influence case.

Category: General

2/21/2012
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The Guilt Myth

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

Category: General

2/10/2012
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MORE CHARGES COMING FOR ALLEGED DIRTY COP

Hire experienced DUI attorney to best represent you

Category: General

2/10/2012
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SHIFTING BLAME IN DEADLY DUI CASE

People point fingers at each other when tragic event happens. Drink responsibly

Category: General

2/7/2012
Eva Hsu
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GUILTY UNTIL PROVEN INNOCENT IN COLLEGE FOOTBALL

The disturbing assumptions of DUI system

Category: DUI and DWI Laws For California

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1/6/2012
Tom Foster
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Vehicle Forfeiture

Arrests for driving on a suspended license often follow driving under the influence convictions like day follows night.

Category: General

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1/6/2012
Tom Foster
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Two Counties Report Their Holiday Drunk Driving Crackdown

Statistics for DUI enforcement efforts during the holiday period have been released by Solano and Alameda counties.

Category: General

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1/3/2012
James W Harwood
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New Year’S Eve DUI Checkpoints

It looks like Bay Area drivers may not have to endure as many driving under the influence checkpoints as they did over the Christmas weekend.

Category: General

12/23/2011
James W Harwood
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Sobriety Checkpoints this weekend!

Four cities have publicized driving under the influence checkpoints they will conduct this weekend.

Category: DUI and DWI Laws For California