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Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
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.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
It was his first DUI offense. He had a long line of other offenses but no DUI. He was 33 and so WAY old enough to know better. His father was a retired Fire Captain, pretty sure he lectured his kids on drinking and driving. A person is killed every 2 days by a drunk driver in San Diego. Second Degree WAS met and proven. Second Degree Murder-"a killing caused by dangerous conduct AND the offender's obvious lack of concern for human life." Drove to a bar in the middle of the day that does NOT serve food, only booze, peanuts and popcorn. If you are driving there (with no license,insurance or a registered vehicle) to drink without making prior arrangements for safe transportation after wards then it would be assumed that you are making the choice to drive home, right? Then to be told NOT to drive. Then to drive anyhow. Then to pass on double yellows on blind curves on a dangerous mountain road that he knew was dangerous. He lived off of the road. To me EVEN without a prior conviction, this shows " dangerous conduct AND the offender's obvious lack of concern for human life." 2 people dead. One young girl that had her arms and legs crushed and she witnessed the death of her boyfriend whom she loved dearly. Shattered lives. Will probably end up doing 11 years.— July 30, 2010 11:17 a.m.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
Yes, he did win the case in a way. The offender was charged by the state with 2nd degree murder, he killed 2 people in the collision and seriously injured one other. He of course walked away with only a scratch. He was found innocent of 2nd degree murder. Guilty of Gross Vehicular Manslaughter. The state proved it's case on the 2nd degree, at least we thought they did. No license, no insurance, unregistered vehicle and drove to a bar in the middle of the day. Drank 12 shots (3 Long Island Ice Teas) and was coming down off of meth. Was told by the bartender not to drive after she cut him off from the booze. Drove aggressively and passed cars on double yellow lines around blind curves. Killed my brother-in-law while passing on the 3rd blind curve, double yellows too. Second degree murder says that if you do something that "you know" could kill someone and you do it anyhow. Disregard for human life. Now we are left without the baby of the family and my in-laws are heartbroken. We all are. Thank God those darn commercials are off the air. Especially when the drunk drivers parents starred in some of those commercials with Kerry coming on and saying, "Bad things happen to good people"................ WTH?— July 29, 2010 2:13 p.m.
Kerry Steigerwalt of Pacific Law Center says he was the “fall guy”
Kerry is most definitely practicing. He represented the scumbag drunk driver/meth head that killed my husbands little brother. His list of expert witnesses were just as unethical as he was and is. The lies were devastating to hear in court for our family. Tried to blame an innocent victim and change the facts and even the roads. It would have been laughable if it wasn't happening to us.— July 29, 2010 9:11 a.m.