Orange County DUI Lawyer Blog

An 18 year old Anaheim man could be facing years in prison for causing the deaths of a father and son while driving under the influence of alcohol in Santa Ana. He is being charged with driving with a blood alcohol level of .13, vehicular manslaughter by an unlawful act causing death with gross negligence while intoxicated and sentencing enhancements for causing great bodily injury. This young man, in addition to DUI, is being accused of running a red light at a high rate of speed, both of which play a role in how severe the sentence will be should he be found guilty.

Vehicular manslaughter is when the death of another is due to illegal driving, including gross negligence, drunk driving, reckless driving or speeding. Vehicular manslaughter can be charged as either a misdemeanor or felony. There is also something known as gross vehicular manslaughter while intoxicated. The sentence exposure is anywhere from 1 year in jail to 15 years to life in prison. Gross negligence or driving a few miles over the speed limit may be charged as a misdemeanor. But, drunk driving resulting in a death will most likely be filed as a felony.

In this case, this young man's sentence exposure depends upon whether he pleads guilty to misdemeanor vehicular manslaughter or felony vehicular manslaughter. Facts that will be taken into consideration are whether or not he has any prior DUI convictions. Prior convictions of DUI can result in a charge of Second Degree Murder due to the fact that the individual knew the dangers of drunk-driving. Another fact to take into consideration is whether or not he committed an additional wrongful act and reckless driving such as speeding and/or running a red light. All of these issues play a role in determining how the case will be filed. Speeding and/or reckless driving can allow the District Attorney to add sentence enhancements to the charges, which makes penalty exposure more serious.

Fortunately there are legal defenses to Vehicular Manslaughter. An experienced Orange County California DUI Defense Attorney will be familiar with these defenses and the best way to utilize them to get the best result possible. A good DUI defense attorney would look at the validity of the intoxication evidence rather than some other reason for the impairment, as well as the blood or breath test results. Police procedures should always be looked at for possible misconduct. Another approach a good criminal defense attorney will look at is focusing on the accident and subsequent injury. Working with an accident reconstruction expert can help to determine whether the accident that caused the injury was truly the fault of the accused. Factors that a reconstruction expert will look at are things such as weather, road conditions, damage to the vehicles, and any other relevant evidence that is acquired. This is extremely important because, when police arrive at an accident scene where someone has been drinking, it is almost always assumed that the cause of the accident was due to drunk-driving.

If you have been arrested and/or charged with Misdemeanor Vehicular Manslaughter, Felony Vehicular Manslaughter, Gross Vehicular Manslaughter While Intoxicated or Felony DUI in Orange County California, whether involved in an accident or not, you will need a good Orange County California DUI attorney.

Continue reading " Teen Faces Up To 13 Years In State Prison For Vehicular Manslaughter " »

A 24 year old Lake Forest woman and a 51 year old Fontana man were both arrested for suspicion of

According to statements taken at the scene, the 24 year old woman was unable to stop and ran through a red light, colliding with the Fontana man's car. The Lake Forest woman was arrested for Felony DUI because the passenger in the Fontana man's car was injured. The Fontana man was arrested for DUI.

DUI, or driving under the influence, charges are typically charged as misdemeanors. However, some DUI's can be charged as felonies. A DUI that is charged as a Felony DUI, usually involves DUI manslaughter; DUI causing serious injury; 3rd DUI conviction within 10 years; and 4th DUI conviction at any time. Drunk drivers who cause injury, or DUI with injury is sometimes referred to as a "wobbler" charge, which means that it can be charged as either a felony or misdemeanor. However, prosecutors typically pursue the charge that carries the most punishment. An experienced drunk driving defense attorney, or DUI defense attorney, will have the knowledge and experience that is necessary to get the charge reduced to a misdemeanor.

A conviction of felony DUI carries a much more serious punishment than a misdemeanor DUI. A misdemeanor first offense DUI can be punishable by up to six months in the county jail, whereas a felony DUI can carry a year or more in state prison sentence.
A good Orange County California DUI Defense Attorney will be familiar with the variety of defenses available to someone who is being charged with DUI or Felony DUI. Some of the obvious legal defenses to felony DUI are challenging the underlying DUI. The appearance of being under the influence can be the same as fatigue and/or certain types of illnesses. Challenging the validity of the breath or blood test results and challenging police procedures and/or police misconduct. Other defenses might be that your negligence was not the actual cause of the injuries, but that there was something other than your intoxication or negligence that caused the accident and/or injuries.

Anyone charged with misdemeanor DUI or Felony DUI, should seek to hire an experienced DUI Defense Attorney, specializing in Drunk Driving Defense. An experienced Orange County, CA DUI defense lawyer should aggressively pursue and develope a strategy to defend your felony (or misdemeanor) DUI case and work to minimize all the negative consequences.

Continue reading " Two Drivers Arrested for DUI After Collision " »