Articles Posted in DUI Manslaughter

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A 58 year old Irvine woman has been charged with Vehicular Manslaughter with Gross Negligence in Orange County Superior Court, after an accident she was involved in resulted in the death of a 77 year old woman. According to police reports, the woman was driving with “gross negligence” running a red light, before crashing into the car being driver by the 77 year old woman.
Vehicular Manslaughter defined is basically the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Whether a person is charged with misdemeanor vehicular manslaughter or felony vehicular manslaughter depends upon the circumstances of the case.

In California, there are four types of vehicular manslaughter. They are listed here, along with the penalties typically imposed:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. The penalty can be up to 1 year in county jail, or 4,6 or 10 years state prison. However, one or more priors of this, or certain other vehicular felonies can result in 15 years to life in state prison.
PC 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication. The penalty is up to 1 year in county jail, or 2,4, or 6 years in state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. The penalty is up to 1 year in county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. The penalty is up to 1 year in county jail, or 16 months, 2, or 4 years in state prison.

PC 192(c): Vehicular manslaughter is referred to as a “wobbler” meaning that it can be filed either as a misdemeanor or felony, depending upon the circumstances. Vehicular manslaughter acts, not involving drugs or alcohol, that may be punishable are: 1) Driving in an unlawful way; 2) Driving in a lawful but dangerous way, and 3) Knowingly causing an accident for financial gain. Here are some examples of these three acts: If a person kills another person while they speeding; texting or talking on a cell phone; hitting and killing a pedestrian in a crosswalk; and staging an accident that results in an unintentional death.

Because this is such a serious issue, it is important to contact an experienced criminal defense attorney to protect your rights. With proper, experienced legal representation, it may be possible to get the charges reduced, avoiding jail or prison, or dismissed all together.

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A 28-year-old man has been charged with felony vehicular manslaughter with gross negligence while intoxicated, and two felony counts of DUI, after losing control and crashing his truck head-on into a concrete bridge abutment in Santa Ana. His friend, who was a passenger in his vehicle, died in the accident. He is also facing sentence enhancements because he has a prior conviction for driving under the influence.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, in certain circumstance, the punishment can be more severe. In California, we have what is known as DUI Sentence Enhancements. This means that a sentence can be increased, depending upon the enhancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless driving.

The crime of Felony DUI falls into three categories: vehicular homicide, manslaughter or second-degree murder. Vehicular homicide is charged when, as a result of ordinary negligence, a death occurs. Manslaughter with gross negligence is charged when the death is the result of criminal negligence. Criminal negligence, as it relates to drunk driving basically means that the individual had the knowledge that their actions were likely to result in death. Second-degree murder can be charged when there is a death and the person who was drinking and driving acted with “implied malice” or a conscious disregard for life. Second-degree murder is not usually charged in a DUI / DWI case because it is difficult to establish implied malice.

However, if the person has prior DUI convictions, the prosecution can use this to establish that the defendant knew the dangers of drunk driving. In Orange County, when a person pleads guilty to DUI, they must admit in court or in writing, that they understand the dangers of drunk driving, this is known as a “Watson Warning“. The prosecution can use this as evidence if they decide to prosecute for second-degree murder.

Vehicular manslaughter while intoxicated, with gross negligence can result in the following penalties: UP to 1 year in county jail, or 4,6, or 10 years in state prison. However, with one or more priors, it can be 15 years to life in state prison.

Vehicular manslaughter while intoxicated, without gross negligence caries the penalties of up to 1 year in county jail, or 16 months, 2 or 4 years in state prison.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should look at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; that the negligence what not what caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

A conviction for Felony DUI can carry long lasting effects on a person’s life and for that reason, it is important for anyone facing this type of conviction, to have experienced legal representation. A good Orange County Criminal Defense Attorney, who has expertise in DUI arrests, will make every effort to have the charges reduced. A key factor in choosing a DUI attorney in Orange County, is to look for an attorney who is familiar with the Court in which the case is pending, as well as the other Courts in Orange County. A good relationship with the Judges, District Attorneys, Court Clerks and other personnel can influence a positive outcome and ensure that you get the best possible result.

Anyone who has been arrested for Felony DUI, Driving Under the Influence or Drunk Driving, needs an attorney who is skilled and will gather the appropriate evidence, know how to use it intelligently and efficiently, and render the best possible outcome for their client.

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A 29 year old Santa Ana man was convicted of vehicular manslaughter after an accident he caused resulted in the death of another Orange County man. The 29 year old man, who has a prior DUI conviction, was intoxicated when his vehicle ran out of gas on the freeway, causing a three-car collision. His blood alcohol level was 0.20, approximately two hours after the accident, which is about two and a half times the legal limit.

Vehicular Manslaughter, while intoxicated, is a felony punishable up to 10 years in State Prison. However, this Orange County man received the more severe sentence of 13 years in State Prison due to some specific circumstances. In California, we have what is known as DUI Sentence Enhancements. This means that his sentence will be increased, depending upon the enchancement(s). Sentence enhancements in DUI cases include, prior convictions, a blood alcohol level of .15 or higher, test refusal and speeding and/or reckless dirving. In this case, the defendant had a prior conviction of DUI, a blood alcohol of .20 and what may have been considered reckless driving for allowing his vehicle to run out of gas in the middle of the freeway. Therefore, enhancements were imposed.

Fortunately, there are defenses to Felony DUI, or Vehicular Manslaughter While Intoxicated. In this situation, a good Orange County DUI Attorney should have looked at the possible defenses to vehicular manslaughter. Challenging the validity of the breath or blood test results, as well as challenging police procedures and/or misconduct must always be looked at. Some other defenses to Vehicular Manslaughter while Intoxicated include: Rather than gross negligence, that the defendant acted with regular negligence; That the negligence what not wat caused the death. That the acts of another person or forces beyond your control such as road conditions or weather were the cause of the accident and/or death. Accident Reconstruction Experts are often used when this type of defense is being offered.

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The family and friends of Nick Adenhart will have to wait a bit longer to see if the DUI murder trial of Andrew Gallo, charged in the death of the Angels pitcher, will take place in Orange County or elsewhere.

Gallo’s attorney was allowed to substitute in on his case, even though the Public Defender’s office had done massive amounts of work on his behalf, and even though Gallo’s new attorney didn’t have the resources to research, write, file and argue all the motions a case of this caliber would require. Apparently, the court considered whether to relieve the PD completely, or direct it to continue its representation regarding various motions relative to the case.

In any event, the matter isn’t settled for now, since the court continued the motion to a future date. This story points to an ongoing challenge for the private Orange County criminal defense bar. Should you accept a client’s case, knowing that your ability to represent that person may be limited, based upon your own experience, staffing and the client’s financial resources?

Whether your matter is in Westminster, Santa Ana, Irvine or Newport Beach, make sure you consult and retain a qualified Orange County Criminal Defense Attorney to assist you with a DUI murder or DUI manslaughter matter.

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While this story doesn’t involve alcohol, it does involve speed and recklessness, two components of death and injury in the DUI arena.

A 27 year-old saleswoman was out on a test drive a few days ago. Perhaps she was showing off. In any event, Amy Thomas lost control of a 2003 Corvette, spun the car across the roadway on Mill Creek Lane in Laguna Hills, wrapping the car around a tree and killing her.

Her passenger survived. This story is a sobering reminder that most of us cannot handle the limits of the cars we’re driving and have to be extra careful around the streets of Orange County. Add the effects of alcohol into this story and perhaps more people could have lost their lives.

If you drink too much and want to get home, call a cab. Do not drive. Had this woman killed someone, instead of herself she could have faced life in prison. Whether you live in Newport Beach, Lake Forest or Anaheim Hills, if you are charged with a DUI, call an experienced DUI defense attorney to assist you.

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An Orange County prosecutor told a jury yesterday that Brittany Schuetz ignored her friends warnings not to drink and drive when she got into her car and later crashed into the car of April Whang, killing her instantly.

Schuetz had been drinking at a house party in Sherman Oaks and was returned to her car here in Orange County. Likely due to her intoxicated state, Scheutz declined her friends’ pleas to wait until she was sober. Alcohol intoxication, as it increases, eliminates our inhibitions, those red flags in the brain when we’re sober, that tell us not to do things that are dangerous.

That is why DUI murder charges are so tricky. The District Attorney argues that to blow off the warnings is a form of malice, a very high degree of recklessness that amounts to intent. But with the blood-alcohol level in her system, it was very likely she couldn’t have formed such intent, couldn’t have been able to consider the consequences of her actions. That is why the facts of the case suggest DUI manslaughter instead. Recklessness that doesn’t rise to the level of intent to kill. The jury will decide.

Whether you live in Santa Ana, Irvine or Newport Beach, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

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Shana Calderon’s life will never be the same again. The person who she ran into and killed on December 12 lost his life. Was it an accident? It seems so. But could it have been avoided? It seems it could have.

Calderon had alcohol in her system and drug paraphernalia in her car. She hit Michael McLaughlin as he stepped off the curb at 19th and Newport Blvd in Costa Mesa, then pulled over and spoke to witnesses, then drove away.

The Orange County District Attorney’s office decided to charge her with Hit and Run with DUI, along with other charges. Her lack of criminal background will be helpful to the judge who decides what kind of consequence she deserves, and can take into account that she turned herself in within two hours of the collision. Fortunately, the prosecutor’s office didn’t charge her with manslaughter or homicide, as they have in the past, likely due to the specific facts of her case and her absence of criminal history, as compared to the Nick Adenhart case in Anaheim last year. There, the driver had a DUI history and had been warned of the consequences of DUI, including death.

murder is one of the most serious crimes you can be charged with. To prove that someone committed murder, a prosecutor must prove that the murder was willful and premeditated. This means that the suspect must have had a plan and the intent to kill the person, or that they behaved so recklessly that malice was implied. This case doesn’t show Calderon’s intent to kill nor any recklessness to the degree required for a homicide prosecution. Whether you live in Westminster, Villa Park or San Clemente, if you have been charged with murder, call an experienced criminal defense attorney right away to assist you.

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Cydil Deann Kohlmeyer was walking in San Diego on Monday when she was hit by a Dodge Pickup driven by Deborah Felix. Felix was suspected of being under the influence at the time. After the accident, Felix tried to run away, but witnesses caught her and detained her until officers arrived. Kohlmeyer was rushed to the hospital, where she later died. Felix was also taken to the hospital and then arrested on suspicion of driving under the influence. She will likely be charged with vehicular manslaughter while under the influence of alcohol and faces serious prison time.

Trying to run away from the scene of the crime is a crime that comes with more prison time. If you have been drinking and need to get home, ask a sober friend to drive you home or call a taxi cab. For this one mistake, Felix faces: prison time, a revoked license, alcohol education classes, monetary fines and probation. IF she hires a good attorney, a possible defense may be dangerous road conditions that lead to the accident. Whether you live in Fullerton, Irvine or Mission Viejo, if you are charged with DUI manslaughter, call an experienced DUI defense attorney to assist you.

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In 2006, Janene Johns fatally struck Candace Tift, a local teacher, with her car in Newport Beach while under the influence of Xanax, Ambien and cough suppressants. She was arrested and charged with vehicular manslaughter with gross negligence. Prosecutors argued that she fell asleep at the wheel and hit Tift from behind with the car. She had been on medication due to an illness and to help deal with grief after her husband’s death. She was convicted last year and was sentenced to six years in prison. She appealed the decision in August, but the conviction was upheld this week.

Often times, people do not know that their prescription drugs can make them drowsy. If you drive while under the influence of any drug that impairs your driving, you can be charged with a DUI. Unfortunately, Johns may not have known about the effects of the drugs that made her fall asleep at the wheel and now faces prison time because of her actions. If you are on medications, make sure to read all of the directions and side effects before driving a car. Whether you live in Orange, Santa Ana or Huntington Beach, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

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Elijah Leigh Ferguson had just returned from Iraq in February of 2008 and had attended a Liberty Briefing at Camp Pendleton where they discussed the effects of drinking and driving. Some of the Marines then played drinking games and Ferguson became intoxicated. Other Marines tried to take his keys away from him but he ordered them to give the keys back and then drove to Newport Beach. As he was waiting at a stop light, he accelerated before the light turned green, crashing into the Aston Martin vehicle in front of him. In the car were Dr. Michael Aung Sein and his wife. Dr. Sein was killed instantly and his wife was in critical condition. Police tested Ferguson’s blood alcohol content (BAC) about three hours after the crash and his BAC level was still at a .12%, well over the legal limit.

The District Attorney charged Ferguson with second degree murder. The defense attorney claims that this charge should be reduced to vehicular manslaughter because Ferguson had post-traumatic stress disorder from Iraq and therefore could not understand the risks of drinking and driving. The prosecutor claims that Ferguson did know about the dangers of drinking and driving and decided to drive anyway. If he is convicted of this crime, he faces around 18 years to life in prison.

After being charged with DUI manslaughter, Ferguson was immediately discharged from the Marines. Besides that punishment, he will have to go to prison, take alcohol education classes, pay court and attorney fees and have his license revoked. Ferguson should have listened to his fellow Marines that told him not to drive. If you have had too much to drink, make sure you call someone to drive you home. Whether you live in Santa Ana, Lake Forest or Anaheim, if you are charged with DUI manslaughter, call an experienced DUI defense attorney right away to assist you.

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