Alameda Intoxicated Manslaughter Lawyer

Alameda Intoxicated Manslaughter Attorney

Driving while under the influence of drugs and alcohol is dangerous and can have serious consequences. You may be pulled over for driving under the influence and arrested. But, if an accident occurs and someone dies as a result of driving while intoxicated, you may be facing vehicular manslaughter charges. As this is a very serious charge, you need to consult with an Alameda intoxicated manslaughter lawyer.

What Is Vehicular Manslaughter?

Vehicular manslaughter refers to an individual who unlawfully kills another person with a vehicle without intending to cause harm. According to the California Penal Code Section 192 (c), vehicular manslaughter is causing the death of an individual while driving in a negligent manner. This is done without malice and is unintentional.

Vehicular manslaughter while intoxicated falls under California Penal Code 191.5 (a). This type of crime is different in the sense that a death occurred due to an intoxicated driver, including gross negligence. The act of gross negligence is separate from the DUI and is either a misdemeanor, an infraction, or a typically lawful action that may result in death.

An example of vehicular manslaughter includes a man who is driving with a blood alcohol content of 0.08%, going against California Vehicle Code 23152 (b), and hitting a pedestrian walking on the sidewalk who is killed upon impact.

Elements of the Crime

In order for you to be charged with vehicular manslaughter, there are several elements that must be proven.

First, you must have been driving while still under the effects of drugs or alcohol. You also must have committed a traffic violation or made some kind of mistake while driving, and that broken law or mistake was a result of ordinary negligence. Finally, this broken law or mistake caused the death of someone else.

A prosecutor must prove these things in order for you to be charged with vehicular manslaughter. Because these factors must be included within your case in order to be charged, there are also many options for your defense against these accusations.

Ordinary versus Gross Negligence

There are two types of negligence that can be used to determine whether or not a vehicular manslaughter case will result in a misdemeanor or a felony. Also, there must be proven negligence to be charged with vehicular manslaughter. Ordinary negligence refers to an individual failing to use common sense and using reasonable caution in order to prevent harm to anyone else.

Gross negligence, however, involves much more than carelessness as it means that a person is so reckless that there was a higher risk of injury or death. These cases involving gross negligence will lead to felony charges if convicted.

Penalties You May Face for Vehicular Manslaughter

The legal consequences you face after vehicular manslaughter while intoxicated can include felony probation, between 4-10 years in prison, and a substantial fine. If, however, you have previously been convicted of gross vehicular manslaughter while intoxicated, vehicular manslaughter, a DUI, or a DUI that resulted in injuries, your prison sentence can increase to 15 years to life in prison.

Defenses for Vehicular Manslaughter While Intoxicated Charges

Due to the seriousness of this kind of charge, it is especially important to consider hiring a lawyer to represent and defend you. With the help of an intoxicated manslaughter lawyer, they will use defense strategies tailored to meet your needs.

One defense strategy that may be used is questioning whether or not you were under the influence of drugs or alcohol when the accident occurred. If the validity of the breath test taken at the scene of the incident is questioned, your case may be dismissed. Another aspect of defense is to bring up police misconduct during your arrest or during the investigation. Another defense strategy is to state that your actions were not an act of gross negligence.

FAQs

Q: What Is the Definition of Driving Under the Influence in California?

A: Driving under the influence in California is defined as driving with a blood alcohol content level of at least 0.08% or higher, or you are driving after using drugs or after using drugs and alcohol. Also, if you are under 21 and drive after drinking, if you have a blood alcohol level of 0.05% or higher, then you would be considered driving under the influence.

Q: Will You Lose Your Driver’s License if Convicted for Vehicular Manslaughter?

A: Yes, you will lose your driver’s license if convicted of vehicular manslaughter while intoxicated. The California Department of Motor Vehicles will take away your driving rights for a lengthy period if you have been convicted. Additionally, if you drive during the time period of your driver’s license suspension, you will face other charges.

Q: What Is the Watson Murder Charges in California?

A: The Watson murder charges in California refer to a DUI that results in someone’s death. It is considered second-degree murder. The name “Watson murder” is from a case that went through the California Supreme Court, where a DUI resulted in a death, and the driver was declared to have acted with intended malice. If you are charged with a Watson murder, you have previously been convicted of a DUI, then drive intoxicated again, resulting in a fatal accident.

Q: What Is a Good Defense for Involuntary Manslaughter in California?

A: A good defense for involuntary manslaughter in California will depend on the unique circumstances of your case. An experienced and skilled intoxicated manslaughter attorney will investigate and explore every aspect of the incident and determine the right defense strategy. Some common defenses are to challenge the intoxication levels or argue that the accident was not the defendant’s fault.

Consult with a California Intoxicated Manslaughter Lawyer

Driving while under the influence of drugs and alcohol is never a good idea as it is dangerous and can have deadly results. Being pulled over for a DUI is different than being charged with vehicular manslaughter while intoxicated, as the consequences become much more severe. Do not attempt to handle this on your own. Contact the Law Office of Louis J. Goodman for assistance with your case.