Articles Posted in Drunken Vehicular Manslaughter

Alvin Ray Shaw, Jr. of Hawthorne was convicted of 2nd degree murder, felony DUI, and driving on a suspended license by a jury in Long Beach Court on Wednesday a result of a fatal car accident he caused on August 1, 2015. Prosecutors successfully argued Shaw, while intoxicated, drove his vehicle into oncoming traffic on the Gerald Desmond Bridge in Long Beach causing a car accident resulting in the death of a 30 year old San Pedro man and seriously injuring a 21 year old man. Shaw faces life in prison when he returns to court on March 8th.

Murder charges arising out of a DUI accident

Most people view murder as a crime involving the intent to harm the deceased person. However, Shaw’s case serves as a prime example of how a person can be charged and convicted of murder in the absence of intent to harm. In 1981, the California Supreme Court ruled in the People v. Watson that prosecutors could file murder charges against defendants in certain felony DUI cases involving fatalities. More specifically, what has become known as a “Watson Murder” could be charged in fatal DUI accidents when the defendant has been previously advised of the dangers of driving under the influence. Shaw received this very notice due to his prior DUI conviction, which involved both receiving a “Watson Warning” from the judge during his sentencing and during the course of the mandatory DUI education program he was previously ordered to complete. Under the theory of implied malice, prosecutors convinced jurors to convict Shaw on the count of 2nd degree murder based on the fact Shaw should have reasonably known through his prior DUI conviction and sentence that serious injury or death could result from drunk driving.

A 39-year-old Baldwin Park man was arrested for drunk driving after being involved in a fatal Los Angeles County car accident that resulted in two fatalities. According to a CBS Los Angeles news report, the fatal accident occurred on the 60 Freeway east of Atlantic Boulevard in Monterey Park. California Highway Patrol officials say a Ford pickup truck rear-ended a disabled Honda. A 34-year-old man and a 31-year-old passenger in the Honda were killed. The driver of the truck was arrested on suspicion of felony driving under the influence of alcohol and/or drugs.

Under California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” When a driver who is under the influence of drugs or alcohol causes a fatal crash, he or she can be charged with gross vehicular manslaughter as well. If it is determined that the driver was intoxicated or behaving reckless, he or she could face a second-degree murder charge. If the driver has had prior DUI convictions, then he or she could face a murder charge.
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An 18-year-old man was arrested following a fatal Orange County car accident, while officials are still determining whether or not alcohol or recklessness contributed to the accident. The Orange County Register reports that the fatal car accident occurred on Ortega Highway near Caspers Park in San Juan Capistrano. Officials say the man drove his pickup off the roadway and into a tree. A woman in her 40s who was riding in the pickup was pronounced dead at the scene of the crash. The teenage driver was arrested on suspicion of vehicular manslaughter. An investigation is ongoing.

A driver who is determined to have been at fault for a fatal accident may face vehicular manslaughter charges. Evidence of reckless driving or intoxication can result in even more serious charges. California Penal Code 191.5 (b) states, “Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle … and the killing was … the proximate result of the commission of an unlawful act.”

Following a fatal car accident, an experienced DUI defense attorney should be brought on board immediately. Having quality legal representation on your side can make or break your case. The resulting penalties for vehicular manslaughter are severe, especially when alcohol is a factor in the crash. If convicted, a defendant could face lengthy prison time, hefty fines, and other life-changing penalties.

An 18-year-old man is facing felony charges in connection with a car accident in Orange County which resulted in the death of a 44-year-old man and his 17-year-old son. According to a news report in The Los Angeles Times, the fatal car accident occurred on Crescent Avenue in Buena Park. The 18-year-old driver faces two felony counts of vehicular manslaughter for allegedly driving while intoxicated.

It is illegal for drivers in the state of California to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher. Drivers under the age of 21 face even harsher restrictions regarding alcohol. California Vehicle Code Section 23136 states: “It is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.”

Teenagers are often charged as adults in cases involving drunk driving and vehicular manslaughter. These allegations can have potentially serious ramifications for the future of the young defendant. It is important to aggressively defend yourself against these types of charges as they may result in extended jail time, license suspension, years of probation, and heavy fines.

According to The Canadian Press, the prosecution rested Wednesday, November 10, in the DUI vehicular manslaughter trial of Jim Leyritz, who is a former major league baseball player. Leyritz played catcher in his 11 season career, and played for the Yankees, Angels, Rangers, Red Sox, Padres, and Dodgers. He is most well-known for his home run in the 1996 World Series while playing for the Yankees. The 2000 season was his last.

Leyritz is accused of driving drunk, running a red light, and crashing into a Mitsubishi Montero driven by Fredia Ann Veitch, who was killed at the scene of the fatal Florida car crash after being thrown from her motor vehicle on December 28, 2007. His blood alcohol content level (BAC) was at 0.14 percent three hours after the accident, and could have been as high as 0.19 percent at the time of the crash, according to testimony given at trial. Florida law prohibits driving over 0.08 percent. Evidence shows that Veitch was also drunk and had a BAC of 0.18 when the accident occurred, and was not wearing a seatbelt.

At trial, a crash reconstruction expert said Leyritz was not speeding into the intersection before the accident. Based on the damages to both vehicles, as well as other factors, the crash expert estimated that Leyritz was going about 35 mph, which is the posted speed limit for the road. Airbags did not deploy in either motor vehicle and there wasn’t any indication that either driver slammed on their brakes to attempt to prevent the Florida car accident. It is unclear whether the vehicle’s lights that Leyritz was driving were on. There is also some question as to whether the light was yellow when Leyritz crossed the intersection.

A 20-year-old woman has been booked for felony drunk driving and manslaughter after a fatal Los Angeles car accident. According to ABC7, the fatal LA car crash took place on Western Avenue in South Los Angeles. Authorities believe that a 2003 Cadillac CTS veered from the northbound lanes into the southbound lanes of traffic where it collided with a 2008 Honda Civic and then crashed into a two-story apartment. Two passengers in the Cadillac died in the crash and the driver of the Honda was seriously injured.

Drivers facing Los Angeles DUI charges are looking at serious consequences, including up to six months in jail for first-time offenders and a $1,000 fine. Drivers who are convicted of causing a fatal California car collision while under the influence of alcohol face potentially life changing penalties, including up to10 years in a state prison. Drivers charged with California vehicular manslaughter while under the influence of alcohol could face 15 years to life if they have a prior DUI conviction on their record.

The penalties and fines for driving under the influence of alcohol have become so severe in California that it is crucial for anyone charged with a DUI to immediately contact an experienced Los Angeles drunk driving defense lawyer. A skilled criminal defense attorney will review all of the details surrounding the California car accident and the arrest to determine if any of the defendant’s rights were violated.

According to a CBS2 report, a 22-year-old man was arrested for felony DUI for causing the death of a 20-year-old woman in Costa Mesa on Sunday, February 15, 2010, at 2:30 in the morning. The accused drunk driver had been driving a Toyota pickup truck, when he went through a red light and slammed into the passenger side of a Corolla sedan at Sunflower Avenue and Sakioka Drive. The passenger in the Corolla died at the scene.

Police suspect that the alleged DUI driver was fleeing the site of an earlier hit and run non-injury crash in Santa Ana when the accident occurred. He is being held in lieu of a $1,050,000 bail and is being charged with murder and vehicular manslaughter in addition to felony DUI. In regards to the earlier crash, Santa Ana police are conducting a separate hit and run investigation.

The driver of the Corolla, a 21-year-old man, was treated at a nearby hospital for minor injuries and was charged with a misdemeanor DUI. He was released from custody at the hospital.
Being arrested for driving under the influence of alcohol and/or drugs is often an overwhelming experienced for an accused individual. A person charged with DUI faces serious penalties that can impose a wide range of life-changing consequences. However, a skilled DUI defense lawyer in California can help determine whether a person’s rights were violated during their arrest or interrogation.
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A Long Beach man has pleaded not guilty to five felony counts, including driving under the influence of alcohol that resulted in the death of a one-year-old baby girl, and a serious injury to her two-year-old brother. According to a Daily Breeze report, the accused allegedly drove his Dodge Durango into a wagon carrying the two children. As a result, the wagon was taken a full block before being stopped by a bystander. Fortunately, the bystander was able to grab one child from beneath the car; however, the driver sped off dragging the other child. The man apparently continued driving in spite of numerous witnesses screaming for him to stop. His vehicle dragged the girl for more than a mile before he stopped the car at his girlfriends’ house.

Upon his arrest, the blood alcohol content of the alleged was nearly three times the legal limit of .08%. Allegations of great bodily injury accompany several of the charges levied against the accused. Because he had a previous felony strike on his record, the man’s bail amount has been set at $1.49 million. The man remains in custody as he awaits trial.
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A 32-year-old San Diego man pleaded guilty to charges of gross vehicular manslaughter while intoxicated and felony DUI causing injury for an accident that resulted in the deaths of two teenage brothers. Apparently, the man was returning home from Tijuana when his vehicle collided with a sedan which was transporting three brothers in Chula Vista. According to a San Diego News Network article, one of the brothers was declared dead at the hospital three hours following the crash. The second brother suffered brain death the next day, while the third suffered minor injuries.

The convicted man fled the scene of the fatal traffic collision but was arrested for DUI when he returned later to retrieve his wallet. He will serve 17 years in a state prison for vehicular manslaughter and felony DUI causing injury, a violation of California Vehicle Code section 23153 (a). Police said that he also has a previous robbery conviction on record in 1999.

DUI offenses are some of the most common crimes in the United States and often threaten the toughest of sentencing guidelines. Fines, probation and jail time aside, having a DUI on record can subject a person to skyrocketing insurance premiums, which can frequently be more expensive than the fines in the court’s DUI sentence.
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A 43-year-old Orange County man has been accused of drunk driving and speeding in connection with a car accident, which killed a woman on the 10 Freeway in El Monte. According to a news report, the man has been charged with one count each of gross vehicular manslaughter while intoxicated, DUI causing injury, and driving with a blood alcohol content of 0.08 percent causing injury. Officials say the deceased woman was a passenger in a car that was hit by the alleged drunk driver. The driver was apparently traveling at more than 120 mph.

If you have been accused of felony drunk driving and/or vehicular manslaughter in Los Angeles or Orange County, you are looking at serious consequences including jail time, loss of driver’s license, hefty fines, and other severe penalties. California Vehicle Code Section 23152 (a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The same code section also states that in California it is illegal for any person with a blood alcohol content of 0.08 percent or more to drive a vehicle.
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