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Posted on in DUI

A driver suspected of a DUI (driving under the influence) may now face a felony vehicular manslaughter charge in San Mateo County. The criminal defendant is accused of driving into an 84-year old woman, while backing out of a Walgreens drive thru.

A DUI may amount to manslaughter if a person died as a result of the drunk driving. On a second or subsequent allegation of DUI, the defendant may be charged with murder if the driving resulted in the death of another person.

On November 14, 2014 the 21 year old defendant was making her way through a local Walgreens drive-thru, when she decided to back her vehicle out. As a result she ran into a pedestrian, 84 year old Nina Falk. The victim later succumbed to her injuries and passed away at a local trauma center. The defendant immediately fled the scene but was later discovered by police. She was arrested on suspicion of felony hit-and-run and felony DUI. The District Attorney is expected to amend the charge to include vehicular manslaughter in the wake of the victim's death.

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A DUI defendant is accusing an Eastbay California Highway Patrol Officer of stealing explicit and personal photos from her cell phone by emailing or texting them to his own phone. The Mercury News is reporting that Officer Sean Harrington is under investigation after a report that he transferred nude photos of a DUI detainee after accessing her cell phone while booking the woman into county jail.

Investigators indicate that six photos of the woman were found on the officer's phone, after having been sent directly from the woman's phone. The file transfer took place while the woman was in custody who could not have executed the exchange herself. The Mercury reports that Officer Harrington asked for the woman's password in order to access her phone.

Harrington and his partner stopped the woman, who has not been identified for privacy concerns, for a traffic violation. The officers smelled an odor of alcohol emanating from inside the vehicle and a DUI investigation ensued. According to the Mercury her blood alcohol equivalent was .29. Nevertheless, the Contra Costa County District Attorney has dismissed the DUI charge in response to the investigation into Officer Harrington's conduct.

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