If you or someone you care about has been charged with vehicular manslaughter in Santa Cruz hiring a lawyer who practices DUI law exclusively is a must. Read the below information and call Santa Cruz DUI lawyer Phillip Crawford for a consultation today.
When a driver's negligence results in someone's death, they can be charged with vehicular manslaughter. When a DUI accident results in the death, then the impaired driver can be charged with vehicular manslaughter. Click here to read about a recent Santa Cruz DUI death case.
Vehicular Manslaughter in California
Under California law, a driver can be charged with vehicular manslaughter if the driver:
- Commits an unlawful act;
- With negligence, or gross negligence; and
- Someone is killed as a proximate cause of the unlawful act.
Vehicular Manslaughter while Intoxicated:
Under California law, a driver can be charged with vehicular manslaughter while intoxicated if the driver:
- While intoxicated; (How does the prosecutor try to prove intoxication?)
- Commits an unlawful act (not amounting to a felony);
- With negligence, or gross negligence; and
- Someone is killed as a proximate cause of the unlawful act.
Penalties for Vehicular Manslaughter:
Penalties for vehicular manslaughter in Santa Cruz, California depend on the circumstances of the case. In addition to significant fines and fees, a suspended driver's license and probation, a person may face serious jail or prison time.
- If the driver acted with ordinary negligence, the charge may be treated as a misdemeanor, with a maximum sentence of one-year in jail.
- If the driver acted with gross negligence, they may face a felony or a misdemeanor charge. Under a felony charge for gross vehicular manslaughter, they face a maximum sentence of six years in prison.
Vehicular Manslaughter While Intoxicated:
The penalties in Santa Cruz for vehicular manslaughter while intoxicated depend on the circumstances of the case. A conviction for vehicular manslaughter can result in jail or prison time, in addition to fines and fees of up to $10,000, a suspended driver's license, and probation.
- If the driver acted with ordinary negligence while driving, they may face a felony or a misdemeanor charge. As a misdemeanor, the charge carries a maximum sentence of one-year in jail. However, vehicular manslaughter as a felony may include a maximum sentence of four years in prison.
- If the driver acted with gross negligence, they will be charged with a felony and may face up to ten years in prison.
Penalties for vehicular manslaughter can be enhanced if you had a prior conviction for a drunk driving.
What is Gross Negligence for Vehicular Manslaughter?
Ordinary negligence is a failure to do what a reasonable person would do in the same situation. Under the California Penal Code, “gross negligence” is acting with such recklessness that it carries a high risk of death or bodily injury. Being under the influence, by itself, is not sufficient for gross negligence, there needs to be some additional negligent action.
However, in certain circumstances, “gross negligence” will not preclude a murder charge (instead of a manslaughter charge) where the person exhibits a wanton and conscious disregard for life, to support a finding of implied malice.
Second Degree Murder:
Prosecution can also occur under California Penal Code 187, for “Watson Murder”. This can occur with repeat DUI offenders who have been advised that driving under the influence is extremely dangerous and that a DUI resulting in someone's death can result in murder charges.
Intoxicated:
For the penalty of vehicular manslaughter while intoxicated, the law applies where the driver is allegedly under the influence of alcohol or drugs, or both. This includes both illegal drugs, and legally prescribed medications that impair one's ability to drive. In California, for most drivers, the legal limit before they are considered intoxicated is 0.08 percent blood alcohol concentration.
Death of Another:
The death of another can include people in your car, a driver or passenger of another car, or even a cyclist or pedestrian.
Defenses to Vehicular Manslaughter While Intoxicated
It is tragic and frightening to be involved in a car accident where someone is killed. Car accidents happen, and just because the police report says you were at fault does not mean that's true or that you should be convicted of a crime. You may not have been intoxicated at the time, even if the police said you were. You may not have broken the law. You may not have acted negligently.
DUI is a complicated area of law. It requires an in-depth understanding of ever-changing laws, newly developing science and technology, and an understanding of how the science works. Therefore, when facing a DUI charge in which a death occurred, it's crucial to find an seasoned and knowledgeable local attorney who practices DUI defense exclusively. The right lawyer will do a full investigation into your case to give you every option, defend your rights and keep you out of custody.
Santa Cruz DUI Defense Attorney
If you are facing charges for vehicular manslaughter, or vehicular manslaughter while intoxicated (DUI involving death), you may not know where to turn. You need to speak to an experienced Santa Cruz DUI defense lawyer. Phillip Crawford has over a decade years of exclusive DUI defense experience and knows how to best defend DUI death cases. He understands how to approach the facts of each case for the greatest chance of success, keeping his clients out of custody with a clean driving record.
If you have been arrested in Santa Cruz County, contact Phillip Crawford who understands you do not have to plead guilty just because you were arrested. Phillip is available to help you with your case. Call 831-204-0773 now to consult with Phillip. Or, schedule a time here: Speak with Phillip Crawford
