Vehicular Homicide & California DUI
Vehicular Homicide: is defined causing the death of a human being while driving a motor vehicle. An individual charged with DUI/DWI related Vehicular Homicide may very well be facing possible LIFE IN PRISON or a significant number of years behind bars, as well as other extremely serious consequences.
A California DUI related Vehicular Homicide case may be charged as a misdemeanor, but more often than not is will be charged as felony drunk driving offense. A number of variables may effect the final charge including culpability, intent to kill, and gross or severe negligence.
When alcohol is involved, prosecutors tend to charge the drinking party with felony Vehicular Homicide even if he or she was not at fault, and even if the accident was unavoidable. If any offense that involved gross negligence resulted in death of a pedestrian, motorist, passenger, or bicyclist, it will invariably be charged as a felony.
Special Circumstances of Vehicular Homicide
Some states have special “vehicular homicide” laws that are applied in either all intentional vehicular homicides, or special circumstances, when the defendant was driving while intoxicated or under influence of drugs and/or alcohol (DUI or DWI).
The reasoning behind this type of charge is that a person is presumed to intend the natural and likely effects of his or her own actions and conduct: EVERY DRIVER IS OR SHOULD BE AWARE OF THE RESULTS OF OPERATION OF A CAR IN A RECKLESS OR GROSSLY NEGLIGENT MANNER.
A law signed by California Governor Arnold Schwarzenegger requires, after July 1, 2008, that all people applying for a driver's license, or renewal of a driver's license, sign a declaration with the following language: “I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I drive while under the influence of alcohol or drugs, or both, and as a result, a person is killed, I can be charged with murder.” (Veh. Code, § 13385, subd. (a).)
San Diego Vehicular Homicide Defense
There is a fine line between vehicular manslaughter and vehicular homicide. You will need an highly experienced,effective, and knowledgeable DUI attorney who will fight for your rights.
When a case involves alcohol, prosecutors tend to charge the drinking party or parties with vehicular manslaughter even when s/he is not at fault, and even when the accident is ineluctable. Police, biased as they are against drunk drivers, rapidly reach the conclusion that the drinking party is at fault. Police and California Highway Patrol collision reports may be rapidly and sometimes poorly prepared. These reports are almost always prejudiced against the intoxicated driver.
This type of defense usually will involve the use of experts; such as accident re-creationists and toxicology experts. Scrutinizing eyewitness testimony is a necessary and crucial part of the defense. Many times this testimony can be used to refute the biased police reports. The important thing to keep in mind is that these offenses are punishable by long prison sentences.
The key to the defense in these cases is “cause.” The issue being did the driver actually cause the accident and subsequent death of the other person along with the level of intoxication of the accused? We also have to consider how the defendant and victim were driving. Was the victim driving recklessly relative to the defendant?
G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving related crimes in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.