Vehicular Manslaughter Defense
Drunk Driving and Fatal Accidents
Vehicular manslaughter is a serious criminal charge that may occur in conjunction
with a DUI charge or as a result of drunk driving. The charge involves
driving under the influence and causing an accident that results in the
death of another. It is outlined in the California Penal Code.
According to Penal Code Section 191.5,
Vehicular manslaughter while intoxicated is the unlawful killing of a human
being without malice aforethought, in the driving of a vehicle, where
the driving was in violation of Section 23140, 23152, or 23153 of the
Vehicle Code, and the killing was either the proximate result of the commission
of an unlawful act, not amounting to a felony, but without gross negligence,
or the result of the commission of a lawful act that might produce death,
in an unlawful manner, but without gross negligence.
Our attorneys have
more than 40 years of combined legal experience in the field of criminal law, including tenure with the Los Angeles County
District Attorney’s Office. Our practice is limited strictly to
DUI defense; as such, we understand every nuance as regards to DUI criminal cases.
Penalties for Vehicular Manslaughter
The penalties for vehicular manslaughter include standard DUI penalties
like license suspension and fines, but individuals facing vehicular manslaughter
charges could be sentenced to:
- 1 year in county jail (or 16 months to two or four years per § 1170)
in vehicular manslaughter cases
- 4, 6, or 10 years in jail in cases of gross vehicular manslaughter
Other penalties include vehicle impounding and lengthy probation, and penalties
will increase with each subsequent drunk driving offense within 10 years.
Why You Need an Orange County DUI Lawyer
It is estimated that approximately 23,000 people lose their lives each
year as a result of drunk driving. To prevent this, the California Highway
Patrol, as well as the Orange County Sheriff's Department, are constantly
stepping up budget allocations for preventing drunk driving. The CHP is
responsible for the largest number of DUI arrests throughout the state,
and their DUI roadblocks and other measures have contributed to their
rising arrest statistics.
An essential part of vehicular manslaughter defense will be an attorney's
ability to prove that the driver did not actually cause the accident.
Accident reconstruction, witness testimony, and a thorough investigation
of all physical evidence may reveal that the other driver caused the accident
or that some other condition led to the collision, such as poor road /
weather conditions or a manufacturing defect in some part of one of the vehicles.
In many vehicular manslaughter cases, law enforcement may tend to lay the
blame upon the driver who they suspect has been drinking. Don't allow
yourself to become victimized by this prejudice. Instead, consult an attorney
who can protect your rights.
Call us now!