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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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11/12/2012
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Pre-Trial Release Programs on the Rise

More California Counties are saving money by implementing no-bail pre-trial release programs

Category: DUI and DWI Laws For California

11/7/2012
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Man Sentenced to Seven Years Prison For Repeat DUI

Repeat DUI offender sentenced to seven years prison after pleading guilty to his 12th DUI.

Category: DUI and DWI Laws For California

10/22/2012
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New Special DUI Prosecutors Announced in Solano County

The Solano County DA's Office has announced that they will start a new specialized DUI enforcement team.

Category: DUI and DWI Laws For California

9/25/2012
James W
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Supreme Court to Rule on Legality of Forced Blood Draws

The United States Supreme Court will revisit the issue of whether or not law enforcement must get a search warrant before taking blood without consent from a suspected DUI driver.

Category: DUI and DWI Laws For California

9/7/2012
James W
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Forced DUI Blood Draws in California

In California, many police departments will forcibly take a suspect's blood if he refuses to provide a sample voluntarily in a DUI investigation.

Category: DUI and DWI Laws For California

7/25/2012
James W Harwood
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Former Vallejo Police Captain Charged with DUI

A former Vallejo police captain was arrested for driving under the influence of sleeping pills.

Category: DUI and DWI Laws For California

7/18/2012
James W Harwood
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Former Cal Star Arrested for DUI

Running back Marshawn Lynch arrested by California Highway Patrol in Alameda County for suspicion of DUI.

Category: DUI and DWI Laws For California

6/19/2012
James W Harwood
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Santa Clara County Man's License Revoked for Life

A Santa Clara county judge revoked a man's license for life and sentenced him to three years prison for hit and run.

Category: DUI and DWI Laws For California

6/14/2012
James W Harwood
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California Senate Approves Treatment Instead of Jail for DUI Offenders

The California Senate has approved a bill to allow county jail inmates, including DUI offenders, to serve their sentences in treatment and education.

Category: DUI and DWI Laws For California

5/29/2012
James W Harwood
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More DUI Arrests in Sonoma County this Memorial Day

DUI arrests up this year in the Santa Rosa area over Memorial Day Weekend compared to last year.

Category: DUI and DWI Laws For California

5/24/2012
James W Harwood
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RIDE HOME IN YOUR CAR AFTER DRINKING

San Francisco company offers an inexpensive service to safely get you and you car home, and avoid getting a DUI.

Category: DUI and DWI Laws For California

5/23/2012
James W Harwood
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MEMORIAL DAY BAY AREA DUI CHECKPOINTS

Driving under the influence (DUI) sobriety checkpoints and extra saturation patrols announced by several San Francisco Bay Area police agencies

Category: DUI and DWI Laws For California

5/18/2012
James W Harwood
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LONG JAIL SENTENCES NOT THE ANSWER

Marin County Reverend Off Base in Asserting Answer to Driving Under the Influence is Longer Jail or Prison Sentences

Category: DUI and DWI Laws For California

5/16/2012
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ANOTHER MARIN DUI COLLISION

One More Marin County Driving Under the Influence (DUI) collision in less than a week.

Category: DUI and DWI Laws For California

5/15/2012
James W Harwood
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MARIN DUI COLLISIONS MAKE NEWS

Marin County Officers Respond to five Driving Under the Influence (DUI) Accidents Over Two Days.

Category: DUI and DWI Laws For California

5/14/2012
James W Harwood
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FIGHTING WITH COPS ONLY MAKES DUI WORSE

Mendocino man arrested in Santa Cruz County for driving under the influence (DUI), battery on a police officer, and resisting arrest.

Category: DUI and DWI Laws For California

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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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

12/16/2011
James W Harwood
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Contra Costa Sobriety Checkpoints

According to an article in the December 15, 2011 Contra Costa Times, police officers throughout the county are planning various increases in DUI enforcement.

Category: DUI and DWI Laws For California

12/2/2011
James W Harwood
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Discovery of Police Records

Driving under the influence (DUI) prosecutions usual rely heavily on the testimony and credibility of police officer witnesses.

Category: DUI and DWI Laws For California

11/23/2011
James W Harwood
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FIGHTING BLOOD EVIDENCE

Blood sample evidence is frequently used in California as evidence of intoxication in driving under the influence cases. Out of the three available tests in Ca

Category: DUI and DWI Laws For California

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11/18/2011
James W Harwood
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Attempted Driving Under the Influence

Although rare, charges of Attempted DUI are not unheard of in California.

Category: DUI and DWI Laws For California

3/3/2009
Mindy
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Every year, college students are caught drinking and driving and often found guilty of DUI in California.  Just like the rest of the states, California has a set minimum legal drinking age of 21.  If you are under the age of 21 and caught drinking alcohol, it can be considered a crime.

When it comes to California DUI law html, there is very little leniency if you are found drinking and driving and are under the age of 21.  According to California drunk driving law, anyone who is under 21 years of age is not allowed to drive if they have a blood alcohol concentration of .01 or above.  That blood alcohol concentration could be as little as one beer.  So, if you are under 21 and pulled over for DUI in California, even just a small amount of alcohol in your system could get you a DUI conviction.

DUI carries significant penalties in California and since it is generally considered a misdemeanor, it could go on your criminal record.  Penalties for a DUI conviction in California include a license revocation, possible jail time, a significant fine and attendance at DUI school.  A DUI offense could also affect your future employment, as job applications usually ask about criminal records, plus your insurance rates will go up. 

If you are facing a DUI conviction in California, you need to contact an experienced DUI attorney immediately.  Call 888-DUI-ANSWER today.



Category: DUI and DWI Laws For California

2/6/2009
Mindy
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Arizona Legislature proudly passed the strictest DUI laws in the country and began enforcement last year.

The legal limit for blood-alcohol content (BAC) is now .08 percent in Arizona and punishment for DUI conviction has become more severe.  Under the new law, a first-time DUI offender in Arizona may be required to install an ignition-interlock device in the car.  This device reads the driver’s BAC before the engine will start.

Another major change to Arizona DUI laws is the elimination of a certain quantitative BAC requirement to charge the driver with DUI.  Drivers have been charged with DUI with a BAC as low as .06 percent.  Some critics of the Arizona DUI laws have claimed that they are too ambiguous, allowing police officers to have too much power. 

If you are pulled over for DUI in Arizona, the police officer will ask you to submit to sobriety tests and will use the evidence collected against you.  The police officer will take notes as you perform certain tasks and if you appear to be intoxicated, you may be arrested for DUI.

Drinking and driving is a problem in Arizona.  Research by the National Highway Traffic Safety Administration (NHTSA)  shows that more than 30 percent of traffic fatalities in Arizona are related to alcohol.  People are encouraged to designate a driver, call a taxi or use public transportation, but that is not always an option.  Arizona’s public transportation system does not run late enough for many people and taxis can get expensive.  For example, the last bus leaving Tempe departs at 1:00 AM.  Increasing the hours of public transportation may be one way to lower the number of drunk driving accidents in Arizona.



Category: DUI and DWI Laws For California

2/4/2009
Mindy
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Jamal Williams, the defensive tackle for the San Diego Chargers was arrested on suspicion of drunk driving early morning on Sunday, February 1, 2009.  He is the second Chargers’ player within the last month to be arrested for DUI.

Williams was initially pulled over for speeding on a freeway outside downtown.  He submitted to a blood-alcohol test, but it will take a few weeks for the results to be completed.  Williams was taken to a county jail where he later was released on bail.

Williams is an 11-year veteran and recipient of the Chargers’ Most Valuable Player Award this season.

According to the City Attorney’s office, Williams’ case had not been submitted as of Tuesday, February 3, 2009.

The team’s general manager, A.J. Smith said that “we’ll continue to monitor the situation and let the legal process run its course.”  He went on to say, “the Chargers have always been leaders and positive contributors to our community.  We take our stature in the community very seriously.  Through the Chargers and the NFL, our players receive one of the most comprehensive education and support programs in sports to help them deal with issues that affect all segments of society.”

Vincent Jackson, the Chargers receiver, was also recently arrested on allegations of DUI.  His DUI arrest occurred five days before San Diego’s playoff loss at Pittsburgh.  Jackson’s court date is set for February 17, 2009.  When he was arrested, he was on probation for a previous DUI arrest, according to the California Highway Patrol.



Category: DUI and DWI Laws For California

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