If you have read any of my other blogs, then you have probably read that in May of 2007 we were hit by a guy on a Sunday afternoon (near 12 noon) who was drunk and taking a sleep aid.  So, finally....he is convicted and sentenced for the DUI involving us.  BTW, while he was going through this process, he gets another DUI!  Okay, 2 is bad enough.  However, as he is awaiting sentencing for the FIRST DUI, he gets ANOTHER DUI!!!  This times, yes, he injures someone!  So, what I want to know is this - and to me it seems simple and straight forward.  Please, tell me why this guy is still out in the general population of you and me???  Why isn't he in a rehab., jail, and WHAT THE HECK IS HE DOING WITH ACCESS TO ANY MOTOR VEHICLE???!!!  He has lost his license, that happened with the DMV hearing.  What I don't understand is why isn't our legal system a little less tolerant of REPEAT OFFENDERS?  Especially this type?  3 DUI'S in less than one year - and now someone is seriously injured because this guy was not locked away or asked to go into rehab for alcohol and sleep aids...  

At first, I was angry.  Then, I decided to let it go and thought "I'm sure he'll learn his lesson after losing his license, going thorugh court, jail....blah, blah"  YEAH RIGHT!  I am not sure what to do with my frustration at this time....really, this guy didn't do much to me and my family, just cost us time, money and days of vacation burned through the court process.  BTW, I was never asked to testify, or asked if I wanted to speak in court.  Only my husband was subpoened and allowed to be grilled in court.  NEVER given his opportunity to speak as a Victim!  I guess we didn't have a right to expresss our feelings or what we have been through.  So, I have taken it as a learning experience to teach our sons that we treat others as we want to be treated, we don't drink alcohol and drive, and there are some people who will never learn. 

I guess what I am thinking now is what could be changed in the legislation, laws, etc. that would keep this guy from gaining access to another vehicle?  I realize he will find a way to drink; however, I am set on finding a way to keep repeat offenders from driving again....any suggestions?  The breathalyzer on the vehicle will only work if the guy has been court ordered to have it installed - again, remember this case where many people have been before - multiple DUI'S in less than a year!  I am genuinely trying to figure out what can be done to stop this from happening again.  Think of the issue with Mr. Hernandez and the Blair's.  If he had not had access to a vehicle - then, he could not have driven drunk and damaged so many lives at once!

Okay, so I have been out of touch for a few days...this week has been really busy!  But, I am apalled at the commentary made by Kyle Humphrey, a local defense attorney.  What does this say about our judicial system and the ethics of lawyers who have the "go to ANY lengths - no matter what" attitude just to win a case?  I remember being only so sick to my stomach a few times before....and most of the time it involved the lack of ethics - demonstrated so clearly by attorneys who defend scum of the earth! 

Kyle Humphrey is quoted in the Bakersfield Californian as having said, "This could have a chilling effect on the zealous defense of the accused," Humphrey said. "When you fear to do what you know you have to do for your client, that's a chilling effect." 

What I want to know, is how do you justify hiding information that you are ordered to turn over to the other side?  Moreover, what makes defense attorney's any better than the prosecutors, judges, or any one else??  Nothing, is my answer!  Had the prosecutor tried to hide information like this, you can bet the defense attorneys would have been screaming contempt!  So, why is it that they don't feel as though they have to answer for their misdeeds?  AND, why does Kyle Humphrey feel compelled to defend the lying and hiding of information that clearly was meant to create an alibi for Vincent Brothers?  Humm....it makes me wonder about his ethics! 

I have no problem with those who defend people who have a LEGITIMATE alibi and those who may be wrongfully arrested....even those who have screwed up.  However, to hide information that could potentially let your client walk - especially one that killed in cold blood his own children - that makes me ill!  What does everyone else think?

Okay, now I have seen the actual newspaper comment in print of the B.A.C. of Mr. Hernandez....and I am not surprised!  According to the D.A.'s office, he was nearly 2 1/2 the legal limit.  So, two beers gets you to 2 1/2 times the legal limit?!  For such a big guy with a drinking history, I am shocked!  California has a legal limit of .08% - SO, if he was 2 1/2 times that....that means he was around .20 - for those who don't realize this....he had consumed enough alcohol to make his Blood Alcohol Content (BAC) meaning, 2/10 of 1% of his blood was ALCOHOL! 

If this does not back up the fact that he should be thrown into jail for life....I don't know what does!!  Let alone the fact that the mother of the child he had with him during his accident - should also be held responsible for child endangerment!  If nothing else, she should have to take some counseling classes, parenting responsibility and alcohol abuse awareness classes!  Okay, maybe this is a little too harsh, but this child was riding with a man who had NO license, NO insurance, HAD been previously convicted TWICE of DUI, LEFT his home with the child (presumeably with the family KNOWING he was intoxicated already) and the family - yes, the mother of this child, did NOTHING to stop this from occurring!!!  Am I the only one who sees anything wrong with this? 

(I have blogged about the guy that ran into me and my family on Mother's Day this year, he was .26%, and about falling asleep while we talked to him - not to mention that he was leaning against everything he could find so that he didn't fall over!)  I don't know the difference in weight, etc.  However, I do know that Mr. Hernandez and the guy who hit us were both behind the wheel DRUNK and that is inexcusable!

NOW....I have seen some really stupid things, but this takes the cake!  Drunk drivers are a major headline right now and I can only say..."It's about stinkin' time!"  However, I get more and more frustrated as I see that there is nothing that has changed in respect to some peoples opinions, the system, attorneys (primarily defense attorneys) and the general attitude toward law enforcement and those who are VICTIMIZED by the "alleged drunk driver" to begin with!!!

So, as I mentioned before, in early May of this year, Mother's Day Sunday to be exact, at around 12 noon - yes, 12 noon!  We (my hubby, me, and our two boys) were hit by a guy who was drunk as could be (.26 is what his breathalyzer read)!  He was arrested and the DMV hearing (not the court date mind you) has finally been held.  My husband received a "greeting from the state of California" to appear at this hearing - which was cancelled, rescheduled, and what have you at least FOUR times.  Finally, it went on as planned last week.  Well, it was quite a treat!  I was not required or requested to be there....or else the kids would have been there too!  Anyway, hubby took time off of work to go and was basically grilled by the defense attorney and made to feel as though HE was the one at fault!  Okay, I see, this is the attorney's job to defend his client.  However, the fact remains that this guy was totally plastered at noon on a Sunday, he hit our truck hard enough to rock it back and forth....no to mention do a little minor body damage that was popped right back out...and the defense attorney asked, "So, were you mad when you finally got this man to pull over?  I mean, did you yell and intimidate him?"  He then proceeded to bring up my husband's stature (he's 6' or so) and his occupation - although he assumed he was in corrections or some sort of law enforcement.  I am not sure what his profession had to do with it - since we have never met the defendent before and he had obviously been drinking for some time before hitting us as he pulled out of the parking space to "go home" as he said.  I am not sure what the outcome is going to be.  Our truck was not damaged that we could find - the one dent popped right back out.  It was light hit that really the principle that he didn't care about stopping OR care about anyone else on the road that day or any other day he has ever driven under the influence of alcohol.       

It's a good thing that I was not there.  I am still mad about it - and I get angry every time I think about the fact that this guy was then BACK out on the road again (whether or not it was LEGAL or NOT) and picked up a SECOND time after our incident!  So, I guess it just goes to show that some people (especially those who drink and drive and get caught) don't learn after the first time....or the second!

I pray that this guy is one of the first to enter a new DUI program to scare those repeat offenders sober - Although I am probably jumping the gun....I strongly believe that Kern County should pilot a program for those repeatedly (or first time offenders) convicted of DUI.  Along with the fees, loss of license, fines, blah, blah, blah....there needs to be a program that includes observing an autopsy of someone killed by a drunk driver, or at least seeing the bodies in the coroners office, or morgue.  Seriously people, this is something that kills - the Blair family is a perfect example of this!  They are only one family who is in the media.  However, there are MANY more killed on a daily basis by their own stupidity or the stupidity of others who get behind the wheel after drinking.

I seriously hope to see some sort of program like this created and put into place in Kern County....What do you all think?

I guess I just had a moment that things really clicked for me - why isn't the governement more concerned about the things that really matter?  For example, why is it going to be illegal (soon) to smoke in the car with your children, but we are feeding our children apple juice that is bottled in China - or made with apples grown in China?  My father in law recently shared a Lou Dobbs show that brought this to light.... that we are being sold apple juice that is from concentrate,  that is from China.  However, if you read the label, or attempt to find out where the apples were grown, where the concentrate was bottled, etc. and it was from China - you need a Ph.D.!  As a consumer, this ticks me off!  I buy apple juice thinking it's safe and bottled in the U.S. when it turns out that it's not and it's really laced with all kinds of lead, toxins and other things that I don't want in my body or my families body either!! 

I guess what I am really more irritated about is why the government can't worry more about our actual health and the products that are shipped into our country - things like the lead laced paint on the wood trains and toys......toys that I had to pry from my 3 year old son's hands as he wailed, "Mom, I love my Skarloey train!  Please don't take it back!"  Try explaining lead poisoning to a 3 year old.....not easy!  Instead, they are more concerned about creating more legislation and telling us what we can't do with our life and our property - not to mention, what our common sense should tell us already!!  What a waste....and when you vote an item down, it just returns later in a different format!  Maybe we need to clean house all around and demand a "Do Over!!"

After seeing the court drama unfold between Britney and her ex-hubby, Kevin Federline....I wonder "why shouldn't the judge take the kids away from her?"  After all, she SHOULD be treated just like every other parent in the world!  Don't the kids come first? Yes, they deserve to be protected!  She thinks that just because she is Britney Spears, she should get special treatment and not be held accountable if she fails to submit to the twice weekly drug and alcohol testing....wrong sister!  I hope she gets a wake up call and sees that she is just like any other average person addicted to drugs or alcohol.  I, for one, am glad to see that someone has finally taken the initiative to take the kids away from her - after all of the dangerous and stupid things she has done with them in public! 

Sadly, the kids will be the ones to suffer!  I just hope that they are in a better home now - and that the judge keeps a close eye on the situation.

I watched the news last evening and saw the verdict handed down to Vincent Brothers.  I actually took the time this afternoon to listen to his daughter, Margaret Kern, and the entire statement she made....I think she is extremely brave for standing up and making such an emotional statement.  The thing that really bothered me was that the only grandmother who was related by blood to this beautiful young lady, has essentially ignored her. 

The saddest thing of all is that his articulate, intelligent, 18 year old young lady can say that she is no longer related to anyone in the Brothers family.  The response from Vincent Brothers mother?  To respond with words of hatred and personal attack against Shan Kern, the mother of this young woman who has stood by her daughter as she fought to bring her back after a suicide attempt and deep depression!  Did anyone else find this odd and inappropriate?

I guess there is only one thing we can be sure of - one day Vincent Brothers will die, whether or not it is from the sentence being carried out or old age awaiting his execution.  When that day comes, he will have to stand in judgement for his actions.