Articles Posted in DUI Manslaughter

Ashley Johnigan, 24, was convicted on Tuesday of second-degree murder and drunken-driving charges. In 2008, Johnigan had just left a bar in Santa Ynez when she got into a 2-car collision with Laura Cleaves and Lisa Raines. Johnigan and Raines suffered minor injuries. Cleaves died instantly at the scene of the accident. She was a District Attorney in Santa Barbara.

Prosecutors argued that Johnigan’s blood alcohol was a .20%, which was the equivalent of drinking 16 drinks. The defense argued that although she admits she drove drunk, she was driving to get away from some men that were harassing at the bar and she was just trying to find a safe place to sober up.

Johnigan was sentenced to 15 years to life for the accident she caused. She can apply for parole once she has served 85% of her sentence. Whether you live in Orange, Santa Ana or Lake Forest, if you are charged with a DUI or DUI manslaughter, call an experienced DUI defense attorney to assist you.

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Daniel Howell was arrested on Wednesday in Joshua Tree for vehicular manslaughter caused by driving under the influence and felony hit and run. While under the influence of inhalants and prescription drugs, Howell drove his Mazda pick-up truck off the road and into a fashion photographer, who was conducting a photo shoot in Joshua Tree. Howell did not stop the car after the accident, however, and kept driving. The photographer, Alberto Jose Serejo, died at the hospital from his injuries. An hour later, Howell got into another traffic accident nearby and was immediately arrested.

Howell should obviously not have driven if he knew he was under the influence of mind altering drugs. Once he veered off the road and hit Serejo, he should have stopped the car and gotten out. Since he kept driving, he will be charged with felony hit and run in addition to vehicular manslaughter which can add more prison time to his sentence. If convicted for both charges, he may face up to 15 years in state prison.

Whether you live in Aliso Viejo, Stanton or La Palma, if you are charged with a DUI or DUI manslaughter, call an experienced DUI defense attorney to assist you.

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Lawrence DiLeva Jr. was driving teenagers Molly Huckabey and Nicole Tropea home in his Dodge Ram in 2005. DiLeva had a blood alcohol level of .1% and was speeding down a residential street in Norco, California. He drove through two stop signs, swerved to avoid hitting another car and lost control of the car. Huckabey and Tropea were killed instantly due to impact. DiLeva was thrown out of the car, suffered brain damage and was in a coma. After he came out of the coma, he was arrested for gross vehicular manslaughter and DUI with bodily injury. Last week, he was convicted of those crimes and was sentenced to 9 years and 8 months in prison for his actions. Before this accident, DiLeva had been in prison for statutory rape and receiving a stolen vehicle. In addition, he had been charged with drug possession.

Anytime someone offers to drive others, they become liable if anything that happens to them. DiLeva was driving drunk, negligently and not obeying traffic signs, which in turn caused the death of Huckabey and Tropea. Even though the accident was not intentional, DiLeva is still guilty of manslaughter and it will always be on his record. Whether you live in Irvine, Santa Ana or Fullerton, if you are charged with a DUI, you will need an experienced DUI defense attorney to assist you.

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While under the influence of narcotics, a woman in Los Angeles drove on the wrong side of the road in her pick-up truck and crashed into a van full of people. The collision killed van passengers Maria Luisa Dominguez and 6-year-old Angela Giron immediately. When police arrived on scene, they immediately arrested the suspect on suspicion of driving while under the influence of drugs and DUI manslaughter.

The suspect will need an experienced DUI defense attorney to assist her. If charged with DUI manslaughter, the suspect faces years in prison, a revoked license, probation and alcohol/drug classes. Some possible defenses could be that the suspect was not actually under the influence of any substance or that the van caused the accident and not her. Whether you live in Santa Ana, Garden Grove or Aliso Viejo, if you are charged with DUI manslaughter, call a good DUI defense attorney to assist you.

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Jeffrey David Kirby was driving home drunk in the early morning hours in March in his Porsche when he collided with a Ferrari driven by Charles David Lewis in Newport Beach. Lewis, one of the founders of a mixed martial arts clothing line, died at the scene of the crime. As for how the accident happened, the prosecution claims that Kirby was so drunk that he lost control of his speeding car and hit Lewis. The defense claims that Lewis was driving fast and was trying to get Kirby to race with him when they collided. Since there has not been a trial yet, there are no set facts as to what happened.

As for now, the judge declined a plea deal that would give Kirby a lighter sentence if he would plead guilty to vehicular manslaughter. The judge said that since Kirby had a few DUI’s on his record, he should have known better than to drive drunk and this case should be heard before a jury.

Besides just getting charged with vehicular manslaughter, Kirby will also be charged with a DUI with a blood alcohol level of over .08% and felony hit-and-run. If Kirby is convicted of all of these charges, he will face serious time in prison. Whether you live in Tustin, Buena Park or Mission Viejo, if you are charged with a DUI, you will need an experienced OC DUI attorney to assist you.

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In July, Diane Schuler was driving a minivan with five children in the car when she drove the wrong way on the street and got into a head on collision with an SUV. Four out of the five children and Schuler were killed instantly and all three passengers of the SUV were killed. Schuler had a blood alcohol level of .19 and had marijuana in her system. Her husband claims that she had never been drunk before and she had so many medical problems that could have caused the crash instead. That morning when she left the camp where she was staying, all the witnesses said she appeared normal and did not look or smell intoxicated. The family of the passengers in the SUV said they would likely sue her estate.

Diane Schuler may have had medical problems but there is no denying that she drove while intoxicated and under the influence of marijuana. Clearly, this led to the terrible accident that killed eight people, including four children. The effects of alcohol and marijuana may not be felt right away so if you have ingested any substances that are known to affect behavior, do not drive! Whether you live in Irvine, Orange or Fullerton, please contact an experienced DUI attorney if you are charged with a DUI.

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Heather Elizabeth Azkoul was sentenced to 20 years to life in prison for the death of Virginia Cordier, a mother of 5 children. In January of 2007, Azkoul got drunk with a friend at Alcatraz Brewing Co. at the Block in Orange and then drove home. On the way home, she hit a bicyclist and sped away. She was found later crying in her car with a blood alcohol level of .18. She was convicted of DUI manslaughter with gross negligence while intoxicated with prior convictions, including two past DUI charges. She was also found guilty of hit and run resulting in permanent injury or death.

At trial, one of the children of Cordier discussed that her father killed himself soon after her mother was killed. Azkoul did not intend to kill anyone that night and just wanted to get home. Unfortunately, she did kill someone and she will likely have to spend the rest of her life in prison thinking about her terrible decision to drive that night.

Whether you live in Fullerton, Laguna Niguel or Westminster, if you are charged with a DUI, you will need an experienced Orange County DUI defense attorney to assist you in fighting your charges and lowering your sentence.

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In March of 2009, Donte Stallworth got into his car after a night of drinking. He struck and killed a man and was charged with DUI manslaughter. He was only sentenced to 30 days in jail and served just 24 of them. This short sentence sparked a lot of controversy and anger. The NFL Commissioner Roger Goodell decided to further punish Stallworth because of his violation of the league substance abuse rules by suspending him for the full 2009 season, without pay.

Besides killing someone and having a DUI manslaughter on his criminal record, Stallworth’s career is also affected. It is hard to think so far in advance when you are drinking, but a DUI affects all parts of your life. If you get a DUI, an experienced DUI defense attorney can help you get through the legal system.

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From 1,132 DUI deaths in 2007 to 1,029 in 2008, the DUI death rate since its high point in 2005, has dropped 21%. Alcohol impaired deaths make up the biggest category of total traffic fatalities, but even total fatalities have been down. The decrease in DUI deaths are thought to be the result of education from MADD and other safety advocates as well as enforcement through DUI checkpoints. Children are being taught from a young age about the dangers of drinking and driving and are remembering the message.

In the study, motorcycle deaths were found to be increasing, however. Now local governments are trying to target motorcycle drivers and teach them road safety.

Even though DUI deaths have gone down, the government says it will stop education and enforcement programs only when the number has gone down to 0.

I think it is great that the rate of DUI deaths has gone down in California. I feel that the government and safety advocates have been properly spreading the message of safe driving and driver responsibility. Whether you live in Orange County, Los Angeles County or Riverside County, if you have been charged with a DUI, an experienced California defense attorney will help you get through the legal process.

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