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.
PRIVATE PROPERTY DUI
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REDUCING A FELONY TO A MISDEMEANOR
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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.
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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.
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An important ruling from the U.S. Supreme Court came down this month regarding strip searches in jails.
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DUI check points
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DUI check points
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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
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Concord check point info
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Arrange alternative transportation instead of drunk driving
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PAS devices
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Holiday DUI Checkpoint in San Francisco
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Let your attorney fight the cops on your behalf later in court instead of running away from the cops.
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A startling number of youths are driving after smoking marijuana
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SFPD has been calibrating its P.A.S devices, but has not been performing accuracy checks.
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California and U.S. discovery rules play an important part in defending your driving under the influence case.
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California and U.S. discovery rules play an important part in defending your driving under the influence case.
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Being accused of a DUI does not mean you are convicted of it.
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Hire experienced DUI attorney to best represent you
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People point fingers at each other when tragic event happens. Drink responsibly
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The disturbing assumptions of DUI system
Category: DUI and DWI Laws For California
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Arrests for driving on a suspended license often follow driving under the influence convictions like day follows night.
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Statistics for DUI enforcement efforts during the holiday period have been released by Solano and Alameda counties.
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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.
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Four cities have publicized driving under the influence checkpoints they will conduct this weekend.
Category: DUI and DWI Laws For California