kw

Comments by kw

It Wasn’t the Economy, Stupid

Well, I can say that there is a trend towards charging 2nd degree even when it's a first offense. Before the D.A. charged the 2nd degree they looked up case law, lots of it. It is happening, everywhere. DUI drivers are being charged with 2nd degree murder all over the country. The courts clarified on Second Degree murder having to do with DUI below. "One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he must operate a motor vehicle, thereby combining sharply impaired physical and mental facilities with a vehicle capable of great force and speed, reasonably may be held to exhibit a conscious disregard of the safety of others." People v. Watson, 30 Cal. 3d 290 (1981) I know we have gone totally off topic here, my original post was geared more towards the drunk drivers defense attorney Mr. Steigerwalt and his ethics issues. I understand that he was trying to defend his client. But his "expert" witnesses were shady, dishonest and their facts were far from the truth. It was disgusting, frustrating and a bit heartbreaking at the time. I don't want to go too deep into all of the details but we did not leave that trial feeling like he had any ounce of integrity at all. What I will say though is we have to make a stand and stop the killing of innocent victims on our roads by drivers under the influence. We are losing too many people to this senseless crime. The courts are starting to take this seriously and if you choose to drink and drive be forewarned, short easy sentences are going bye-bye. In 2008 (the year that my BIL was killed)the United States lost almost 12,000 people to DUI. In one year. Senseless. Not even the ENTIRE Iraq/Afghanistan War has taken that many US lives since 2001. Harsher punishments,stricter laws and more education. Enough of people NOT being responsible for their own actions. You want to be smashed, fine. Don't drive. That's such a damn simple thing to follow. Such a simple thing and had it been followed, my sweet brother-in-law would be in the prime of his life right now and we would not be spending holidays at a cemetery.
— July 30, 2010 5:29 p.m.

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