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On New Year's Eve a tragic accident took the life of an 80-year-old Santa Cruz man and injured the three occupants of another car. The three injured men are in their 20s who all survived the crash. Now the family of one of the injured men wants to clear the name of the 80-year-old driver who police cited for DUI after the crash based upon suspicion.

The day after the accident, a CHP officer told the Santa Cruz Sentinel that the fatal accident was "possibly DUI related." On January 2, 2010, the officer was quoted in the newspaper saying the 80-year-old driver was suspected to be driving under the influence.

Law enforcement reportedly observed the man at the scene of the accident, which occurred around 4:45 a.m. The CHP officer reportedly questioned the man as he lay on a stretcher at the scene of the accident. The man reportedly died later in the evening at the Santa Clara Valley Medical Center.

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Tagged in: Santa Cruz

Former teen heartthrob David Cassidy, best known for his role on "The Partridge Family" was arrested on suspicion of DUI last week. A Florida Highway Patrol officer claims he saw a white 2008 Mercedes weaving on the turnpike. The Mercedes allegedly cut off another vehicle on the turnpike. The actor was charged with DUI after the police investigation.

During the traffic stop the singer-actor allegedly admitted having a glass of wine with lunch earlier in the day. Cassidy reportedly also admitted to taking hydrocodone for pain around 3:30 in the afternoon. The officer stopped Cassidy at roughly 6:20 p.m.

The trooper claims a half-empty bottle of bourbon was under the seat of the Cassidy's Mercedes at the time of the stop. The actor reportedly was "swaying while standing" after stepping out of the vehicle. Cassidy reportedly failed field sobriety tests.

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Tagged in: breath tests

Charges against a Gilroy man are expected to be upgraded on October 28 to include second degree murder. Police claim the 44-year-old man was involved in an alcohol related car crash that resulted in the death of a 4-year-old.

California DUI attorneys are aware that prosecutors in the state sometimes upgrade alcohol or drug related vehicular manslaughter charges based upon implied malice. In an implied malice case, the prosecutor seeks to prove that the accused was aware that an act is dangerous and commits the act anyway. The practice is known in California as a "Watson murder," based upon prior case law.

The Santa Clara County District Attorney's office has indicated that they will upgrade the charges this week against the Gilroy man. The accused rejected a plea bargain last week related to the current gross vehicular manslaughter and DUI charges.

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