Articles Posted in DUI Manslaughter

A Caltrans program that started in 2002, allowed families of DUI victims to purchase a billboard in California and write the name of the victim and a message. Most people would write something along the lines of “Don’t Drink and Drive.” An assemblywoman now wants to expand this program to include victims of traffic accidents not involving drugs and alcohol. Critics of the bill say that there are already too many billboards that are very distracting for drivers. They worry that since so many people are killed on California freeways due to traffic accidents, there would be hundreds of billboards which means more work for Caltrans and more distractions for drivers.

The DUI victim’s program has been said to be successful in reducing the number of DUI fatalities. A study found that in the 16 counties where memorial signs were erected, alcohol related deaths decreased in the three years after the sign, by about 79 people.

I think billboards memorializing DUI victims are a great idea that can reduce DUI fatalities. On the other hand though, I do think that billboards are distracting to drivers. I think billboards should just be limited to DUI victims (not traffic victims) and the billboards should have an informative message or statistic to inform drivers of the dangers of drinking and driving.

Whether you live in Santa Ana, Newport Beach or Garden Grove, if you are charged with a DUI, you will need an experienced criminal defense attorney on your side.

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On July 25, after 10 hours of drinking, Jose Maria Olmos was very drunk. Nevertheless, he decided to drive Juan Garcia and Jose Guadalupe Vilchis home. Olmos was driving between 60-70 mph in a 30 mile zone when suddenly, his car flipped over. All three men were injured but Garcia had severe head trauma and died at the hospital a few hours later. When police arrived, Olmos has bloodshot eyes, slurred speech and smelled like alcohol. He was charged with vehicular manslaughter while intoxicated. If he is convicted of the crime, he will face a possible prison sentence of 11 years.

Olmos will need an experienced DUI defense attorney to look at his blood alcohol results to see if he was actually intoxicated. The attorney will also have to see if there were any other causes for the car accident (ie- bad road conditions, negligence of another driver). Lastly, the defense attorney will work to lower the charges and the sentence.

Regardless whether you live in Orange County, Los Angeles County or Riverside County, vehicular manslaughter caused by intoxication is a serious crime.

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After drinking several shots of Sailor Jerry rum at a small house party at his house last year, Milad Moulayi was very drunk. However, he thought he should drive a few of his friends/classmates home that night. Jessica Dove and a few of her friends told Moulayi that he was too drunk to drive and refused to get into the car with him. However, Mackenzie Frazee was anxious to get back home, so she got into the car with Moulayi. As Moulayi, who was 17 at the time, was driving her home, he lost control of the car driving at 100 mph, drove over the center median, knocked over two road signs and slammed into a light pole. The crash cut the Mercedes into two. Frazee died immediately from massive blunt force trauma. Moulayi had just a few scrapes and was taken to the hospital. His blood alcohol level was a .10%.

Moulayi is being charged as an adult for the crime of second degree murder. The District Attorney claims that Moulayi was warned by his friends that he was too drunk to drive but he decided to drive anyway and endanger human lives so he should be charged with second degree murder instead of manslaughter. If he gets convicted, he will likely spend 15 years to life in prison.

At 17, juveniles do not know what alcohol can do to them and their decision making part of their brain has not been fully formed yet. Unfortunately for Moulayi, because of one stupid decision, he will be spending the majority of his young adult life in prison. If you are in a similar situation, whether you live in Laguna Niguel, Fullerton or Newport Beach, a good attorney may be able to help you.

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After celebrating her friend’s 30th birthday party at California Girls Gentleman’s Club in Santa Ana in July, Lynette Ann Hunt was drunk. Nevertheless, she still decided to drive her friends, Vanessa Herada and Maria Zamarripa, home that night. Witnesses said they saw Hunt weaving in and out of lanes on the 91 freeway before her car skid out of control, went down an embankment, rolled over and ejected Herada and Zamarripa. California Highway Patrol arrived and noticed Hunt’s breath smelled like alcohol, she was slurring her speech and her eyes were bloodshot. Her blood alcohol level was a .15%. Herrada was pronounced dead at the scene of the crime from major head trauma. Zamarripa was taken to the hospital and died from severe internal injuries. Hunt suffered a few broken bones.

On Monday, in Fullerton, Hunt pled guilty to felony vehicular manslaughter with gross negligence while intoxicated, misdemeanor driving on a suspended license and to the sentencing enhancements of causing great bodily injury and having a blood alcohol level of above a .15%. She is expected to serve about 6 years in state prison.

It is so unfortunate that Hunt decided to drive her friends that night. Even when you are drunk, you know when your friends are drunk and her friends should have known not to get in that car. Unfortunately for Hunt, she killed her close friends and will think about it for the rest of her life. If you get a DUI, you will need an experienced attorney to help you through the legal process.

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With a blood alcohol level of three times the legal limit, Andrew Thomas Gallo, 22, decided to drive. He ran through a red light in Fullerton in April and hit a Mitshubishi Eclipse. Inside the Eclipse was Angel’s pitcher Nick Adenhart, college cheerleader Courtney Stewart, law student Henry Pearson and former Fullerton baseball player Jonathon Wilhite. Adenhart, Stewart and Pearson were killed. Gallo was charged with three counts of second degree murder, drunk driving causing great bodily harm, hit and run and driving on a suspended license because of a former DUI. He also received sentencing enhancements for injuring Wilhite and a passenger in his car, Raymond Rivera. His pretrial hearing will begin on September 11, 2009. If he is convicted of all these charges, he faces between 54 years to life in jail.

Gallo faces so much time in prison for an act he obviously did not think through or intend to do. Of course in retrospect, I am sure it is clear to him that he should not have driven. If you are ever feeling tipsy or drunk, ask someone else to drive.

An experienced Orange County DUI defense attorney will look at all the facts surrounding the incident and all of the possible defenses. Additionally, they would try to get the DA to drop or lower some of the charges so Gallo would have to spend less time in prison.

Whether you live in Lake Forest, Huntington Beach or Yorba Linda, if you get a DUI, you need an experienced defense attorney on your side.

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Andrew Steuber, of Camp Pendleton’s second Batallion and first Marines division, was driving his Ford Mustang this weekend with Cpl. Edmond K. Vandecasteele IV, of Camp Pendleton’s first Batallion and first Marines division, in the passenger side. Steuber was speeding and intoxicated when he crashed his car into a tree in San Clemente on Saturday night. He was taken to Mission Hospital in critical condition. Vandecasteele was killed immediately at the scene of the crime. He was a skilled ammunition technician who had received multiple service awards. Two other Marines were in the backseat and were only slightly injured.

It is unfortunate that such an experienced Marine died. Hopefully Streuber has a speedy recovery, although once recovered, he will likely be facing manslaughter charges along with DUI charges. This incident will likely be grounds for military discharge of Streuber. Whether you live in Irvine, Newport Beach or Fullerton, if you get a DUI, get an experienced DUI defense attorney to help you.

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On May 3, 2008, Danny Calvin Ruiz was driving home from a wedding reception with his pregnant girlfriend, Andrea Gerdon, in the passenger seat. Ruiz was drunk and was driving 60 mph in a 35 mph zone. He crashed into a tree in San Clemente, killing his girlfriend and their unborn child. He was charged with two felony murder counts and a DUI, with his blood alcohol level at a 0.17 percent. On Thursday, July 23, 2009, Ruiz was convicted of the two murder counts and the DUI. He faces around 100 years in state prison for his crimes. In 2008, he was also charged with a DUI and signed forms indicating that he understood that if he killed someone while driving drunk, he could face murder charges.

What is so unfortunate about this case is the fact that he killed his pregnant girlfriend. Of course, the murder was not intentional, but anytime someone gets behind the wheel of a car knowing they are intoxicated, they are assuming the liability.

Whether in Irvine, Fullerton, San Clemente, Santa Ana or Anaheim, the limit in California at which you are too intoxicated to drive is at a .08 percent blood alcohol level. Ruiz was double the legal limit. If you drink more than a drink or two over a short span of time, do not get into the driver’s seat.

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