Articles Posted in Drunken Vehicular Manslaughter

A 29-year-old Norwalk man was arrested, following a fatal car crash, for drunk driving after his 2000 BMW M3 collided with another a Toyota Celica, killing its 42-year-old driver. According to a Fox News report, the fatal car accident occurred on the transition road from the westbound 105 Freeway to the northbound 710 Freeway. The Toyota hit a curb and rolled over. The driver was pronounced dead at the scene. The driver of the BMW sustained moderate injuries, but was later arrested for drunk driving.

According to California Highway Patrol’s traffic accident statistics, there were 268 deaths and 5,169 injuries involving alcohol-related car accidents in Los Angeles County in 2007. In Orange County, 75 deaths and 1,501 injuries were reported as a result of DUI car accidents in 2007.
Driving under the influence or DUI is a serious violation of California law. If the car accident results in serious injury or death, the driver accused of causing the accident could be looking at vehicular manslaughter charges or even murder.
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In Orange County Superior Court, a Westminster city councilman has been convicted of driving under the influence with a blood alcohol level of 0.26 percent – which is more than three times the legal limit of 0.08 percent. According to a FOX news report, the councilman was involved in a car accident after he clipped another vehicle and crashed into a power pole. Neither he nor the occupants of the car he clipped were hurt in the drunk driving traffic collision.

Prosecutors charged the councilman with misdemeanor DUI and a high alcohol reading enhancement of driving while under the influence of alcohol with a blood alcohol level of 0.20 percent or higher. The councilman apparently reached a plea deal with prosecutors and was sentenced to three years of probation, a 10-day work program, approximately $2,000 in fees and a nine-month alcohol awareness program.

If you are first-time DUI offender and your car accident does not involve injury to others, then you may not get jail time. Prosecutors may charge a misdemeanor DUI in these cases. However, if your DUI accident involves significant property damage and injuries to others, then you are looking at jail time and the possibility of a felony. If there are fatalities involved, then California vehicular manslaughter charges may be filed. A felony charge is a more serious charge than a misdemeanor because the chance of jail time or state prison and greater penalties is possible.
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An 18-year-old Orange County man was reportedly the first juvenile to be charged as an adult with murder in a drunk driving crash. According to this news report, he was 17 at the time of the Orange County DUI accident, which killed his teen passenger, a Tustin girl. An Orange County jury found the teen driver guilty of one count of second-degree murder for being drunk behind the wheel and one misdemeanor count of driving without a license. His driver’s license had apparently been suspended the day before the fatal car accident.

The teen driver reportedly had several drinks during a party in his Santa Ana home and crashed into a pole while driving his Mercedes between 102 and 112 mph, prosecutors said. He had a blood alcohol level of 0.11 percent, which is above the legal limit of 0.08 percent. The teen, convicted of DUI and second-degree murder, faces 15 years to life in state prison when he is sentenced in October.
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A 37-year-old Orange County man has been arrested for felony driving under the influence and vehicular manslaughter in connection with death of his passenger in a July 26 traffic accident. According to this news report in The Orange County Register, the defendant was driving an SUV on a Santa Ana street when he lost control and struck a tree. The SUV rolled over and the passenger was ejected and sustained fatal injuries.

Driving under the influence – whether it’s alcohol, recreational drugs or prescription drugs — is a serious crime in California especially when it involves a serious injury or fatality. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges.

California Penal Code section 191.5 (a) states: “Gross 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, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
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The California DUI law firm Takakjian & Sitkoff is pleased to announce the launching of its new drunk driving defense website, which provides valuable information regarding DUI-related offenses in California and the legal matters surrounding them. Considering that DUI laws in California are some of the most strict and complicated, the site, www.californiadrunkdrivingdefense-lawyers.com/, provides resources and particulars regarding DUI penalties, underage DUI, field sobriety tests, vehicular manslaughter, and much more.

The attorneys at Takakjian & Sitkoff have acquired a broad range of skill and knowledge in drunk driving defense and hope to help educate and warn the public about how the consequences of a DUI conviction vary depending on the circumstances of a particular incident. In order to be arrested for driving with an alleged blood alcohol level of .08% or above, law enforcement must conduct specific tests that can sometimes be faulty due to defective equipment or improper execution. The complexities of these tests are also explained on the site to help drivers understand what they may confront if pulled over for being suspected of driving under the influence.
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A 20-year-old man was arrested for murder, hit-and-run and driving under the influence after an accident in the Angeles National Forest where he allegedly crashed his car into a group of bicyclists. According to this news report, a 43-year-old bicyclist was killed and two others were hospitalized with serious injuries.

A Los Angeles drunk driving offense can be either a misdemeanor or a felony. In cases where there is serious injury or death and the driver is suspected of being under the influence, he or she could be charged with manslaughter or murder in addition to felony drunk driving. Obviously, these are extremely serious charges that present serious consequences including lengthy jail or prison time, hefty fines and suspension or revocation of driver’s license. A murder or manslaughter conviction could have long-lasting consequences.
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An 11-year-old boy died in a Ventura County car accident after his aunt, who police say may have been under the influence of prescription drugs at the time, crashed their car. According to a news report in The Orange County Register, the boy sustained severe head, lung and spine injuries. His aunt was reportedly driving her SUV with the boy in the rear passenger seat when she failed to stop at a stop sign and crashed into a pickup truck at a Ventura County intersection. She was arrested for driving under the influence of prescription drugs.

Under California law, it is illegal to operate a motor vehicle under the influence of alcohol or drugs – whether the drugs are recreational or prescription drugs. If an incident results in fatal injuries to a person other than the intoxicated driver, the defendant could be looking at felony DUI as well as CA vehicular manslaughter charges, which have serious consequences including jail time and hefty fines.
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A 20-year-old man was arrested in Riverside for driving under the influence after he allegedly caused a rollover accident, which killed an 18-year-old girl, who was a passenger in his car, The Press-Enterprise reports in an article. The teen died at the scene of the accident because officials say she wasn’t wearing a seatbelt. She was ejected from the 1995 Mazda MPV. Police later arrested the man for DUI in California. Hewas apparently driving south on Riverwalk when he hit a curb, causing the car to slide on its side until it hit a tree in the center median and overturned. The vehicle landed on its roof.

When there is a death involved in a DUI-related auto accident, the suspected drunk driver or defendant may also be charged with vehicular manslaughter in addition to felony DUI. These are extremely serious charges with life-altering consequences. If convicted of vehicular manslaughter, you could be looking at lengthy prison time and hefty penalties.

California Penal Code section 191.5 (a) states: “Gross 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, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”
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A 23-year-old man has been sentenced to six years in prison for striking and killing a Thousand Oaks jogger in August 2008. According to this news report in the Camarillo Acorn, Nicholas LaGrotta pleaded guilty in November to gross vehicular manslaughter in California after the Subaru Forester he was driving struck and killed 46-year-old Karey Marsh as she was jogging on Lindero Canyon Road. Marsh was pronounced dead at the scene. LaGrotta reportedly had a blood alcohol level of 0.08 percent and prosecutors had sought the 10-year maximum penalty. The judge also ordered LaGrotta to pay $126,000 in restitution to Marsh’s fiancé and $3,798 in damages to the city of Thousand Oaks.

The penalties for a felony DUI and vehicular manslaughter charges can be extremely severe. If convicted of these serious charges, you could be looking at several years in prison, hefty fines and restitution, and lengthy suspension or revocation of your driver’s license. These consequences could have long-term effects on your personal life and career.

If you or someone you love has been charged with felony drunk driving or vehicular manslaughter in Orange, Los Angeles or Ventura counties, please call Takakjian & Sitkoff for a free, comprehensive and confidential consultation. Our experienced California DUI defense attorneys will conduct a thorough, independent investigation into your case and gather the evidence that is needed to make every effort to get your charges dismissed or reduced. A DUI case can be extremely complicated. The stakes are too high. Please do not take any chances. Our skilled criminal defense lawyers in California have the experience and the knowledge of the law and local courts that is necessary to get the best possible result in your case. Call us today at 866-299-4111 to schedule your free consultation.

A passenger in his 20s was reportedly killed on impact after a vehicle driven by a suspected drunk driver crashed into a street sign in Baldwin Village, CBS News reports in an article. The fatal DUI car accident in Los Angeles occurred at the intersection of La Cienega Boulevard and Rodeo Road, police officials said. The driver, a woman, was arrested and taken to the hospital in critical condition. Officials expect the driver will be charged with drunk driving after she is released from the hospital.

In the state of California, it is a crime to operate a motor vehicle while under the influence of alcohol and/or drugs. Driving under the influence can be a misdemeanor or a felony. If the DUI incident involves major injury or death to a person other than the alleged drunk driver, then it will almost always be charged as a felony, which is a more serious offense. In addition to a felony DUI charge, the defendant may also be facing a Los Angeles DUI vehicular manslaughter charge.

California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle… and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

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