Legal Question in DUI Law in California

Prior DUI then 2nd DUI/Hit and Run 2 lives killed

Can someone just please explain how a woman with a prior dui, then is arrested for a 2nd dui plus hit and run leaving 2 dead. She is arrested the next day, her bail? $25,000!! She killed this girl who was 9mos pregnant due in a few days on Feb. 11,2009, and has not spent 1 day in jail. Here's the clicker....Her husband is an investigator for Riverside Cty DA office......And today the judge has said she is to remain free until Aug.30,2009 due to a unspecified medical problem. This happened in Palm Springs, Ca. on Feb. 11,2009.


Asked on 6/22/09, 1:46 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Prior DUI then 2nd DUI/Hit and Run 2 lives killed

Explanations are probably irrelevant and probably ill-founded. The parties injured by her can sue. Everyone else can write letters to editors, etc., to force public coverage of the proceedings, to keep the light on prosecutors and court. There are substantial criminal penalties for this, increases are not necessary, application and enforcement is.

The criminal court system is broken, has been for years, and operates on the basis of need to get plea bargains and probation for the least violent or risky offenders. There aren't enough court rooms and personnel to try every case. Less than 5% go to trial now and the courts are still over-crowded. Nor are there enough jails to put convicts in. CA jails and prisons hold several times more inmates the system was designed for.

If you want to reduce both crime and prison crowding so that you can put people like her in jail, then decriminalize drug use and possession. The proper example: We punish drunken driving, not drinking or owning alcohol [the most widely abused drug in America]. 'Prohibition' of alcohol in the 1920's created the Mafia and its major crime wave, which only ended upon repeal of 'Prohibition'. Prohibiting'/outlawing drug use created drug cartels, gangs and their even worse crime wave, yet no politician dare suggest the proper solution.

�Those who do not remember the past are doomed to repeat it� -- George Santayana

If you are one of the victims and family of this tragedy, feel free to contact me if serious about getting legal representation in civil action.

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Answered on 6/22/09, 3:49 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Prior DUI then 2nd DUI/Hit and Run 2 lives killed

I assume you are someone from the victims' family. You should immediately notify the California Attorney General's office of this travesty. In my opinion, the Riverside D.A.'s office should NOT be handling this case, for obvious reasons. The AG should take over the prosecution and I would hope move for a change of venue to another county as well. To my mind, this is a failure to uphold the public trust and to protect the public.

I routinely see minor domestic violence battery cases with much higher bail amounts that this. TWO fatalities AND a hit and run? I am outraged. I have a call into the California Attorney General's office and I am going to try to find you a name and a phone number to deal with in initiating an A.G. take over of this case, if possible. Email me at [email protected] to establish contact. You can also give me a phone number and I will relay the info to you when I have it.

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Answered on 6/22/09, 2:14 pm


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