Driving is such a common activity that we rarely stop to consider the potential risks of operating heavy vehicles at high speeds. Most of us assume that we will travel safely to our destination without incident, and we are usually right in making this assumption. However, traffic accidents can happen to anyone, anywhere, and at any time. When the incident involves an intoxicated driver who has consumed alcohol or used drugs, the resulting injuries can be severe. Alcohol and other intoxicants impair a person’s reaction times and physical coordination, which may cause a drunk driver to fail to register hazards on the road or not react in time to avoid a collision. Even though the risks of drunk or intoxicated driving are well-known, many people still get behind the wheel after imbibing alcohol or taking a controlled substance. According to the National Highway Traffic Safety Administration (NHTSA), approximately 37 people in the United States die every day in drunk-driving crashes. In other words, roughly one person dies in an intoxicated driving accident every 39 minutes. In California, the penalties for a crime involving gross vehicular manslaughter while intoxicated can be severe and upend your life. If you are facing a drunk driving vehicular manslaughter charge in Los Angeles County, it’s essential to enlist the guidance of a knowledgeable and highly experienced criminal defense lawyer who will fight aggressively to defend your legal rights at every turn and keep your future as bright as possible.
Understanding Negligence in California
Like most states, California imposes severe penalties for crimes involving any loss of life. However, unlike instances where the defendant intentionally takes someone’s life, vehicular manslaughter usually occurs because of the driver’s negligence. Essentially, negligence is a lack of sufficient concern for yourself or others. Gross negligence is a more severe form of negligence, typically defined as “the lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others.” For example, consuming alcohol and getting behind the wheel of a vehicle can be considered a negligent action, as this behavior demonstrates a disregard for safe driving practices. Even though you do not get behind the wheel with the intention of taking someone else’s life (which would be considered an example of “malice aforethought”), knowingly consuming an intoxicant and driving when it’s unsafe to do so may constitute negligence.
Gross Vehicular Manslaughter While Intoxicated Charges
When an intoxicated driver’s negligence results in a person’s death, prosecutors may bring criminal charges against the defendant. Gross vehicular manslaughter while intoxicated charges carry significant and lasting penalties, including imprisonment, steep fines, and other limitations on your freedom and future. California Penal Code Section 191.5 defines gross vehicular manslaughter while intoxicated as “the unlawful killing of a human being without malice aforethought, in the driving of a vehicle…and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.” In other words, gross negligence occurs when someone acts in a reckless manner that creates a substantial risk of serious injury or death, and any other reasonable individual would have recognized that acting in such a manner would create this risk. For example, prosecutors may accuse you of driving with a blood alcohol concentration (BAC) that significantly exceeds the legal limit and establish that you sped through a yellow light—examples of negligent driving that put yourself and others at increased risk of injury or death. A DUI vehicular manslaughter conviction can carry severe penalties, so it’s best to discuss your defense strategies with a skilled and experienced Los Angeles County criminal defense lawyer.
Consequences of a DUI Vehicular Manslaughter Conviction
If you’re convicted of gross vehicular manslaughter while intoxicated in Los Angeles County, you will likely face several significant consequences. These offenses are typically considered felony crimes, punishable by imprisonment for four, six, or ten years in a California state prison. You could also face a fine of up to $10,000, felony probation, and further restrictions on your freedom and future. However, if you have a previous conviction for any offense involving intoxicated or DUI driving causing injury, you may face an enhanced penalty of serving fifteen years to life imprisonment for a subsequent conviction. Even after you have completed the terms of your sentence, you will likely face barriers to employment, housing, and other opportunities because of your criminal record. Now is not the time to leave your future in the hands of chance. If you are worried about vehicular manslaughter DUI jail time, or any other consequences, get in touch with a dedicated and experienced Los Angeles County criminal defense attorney right away to discuss your case.
Schedule a Free Consultation Today
Facing criminal charges of any kind can be intimidating and overwhelming, especially for first-time offenders. It’s natural for your mind to jump to the worst-case scenario and assume that your life, as you know it, is over. However, it’s essential to understand that you have legal rights that you can exercise, including the right to work with an attorney. Taking this step is one of the most strategic things you can do after your arrest, as your knowledgeable criminal defense lawyer will assess every detail of your case and identify the most strategic path forward to keep your future as bright as possible. If you’re ready to take control of your situation, contact a trusted and highly qualified Los Angeles County DUI defense lawyer to schedule a free consultation.
If you or a loved one is facing a DUI or intoxicated manslaughter charge in Los Angeles County, you need reliable and effective criminal defense representation to ensure your legal rights remain protected at every stage of the criminal justice process. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a skilled and experienced Los Angeles County criminal defense lawyer.
