The law enforcement authorities reported that a drunk driver was arrested for a case of gross vehicular manslaughter. The driver was driving at a very high speed and lost control, heading straight into oncoming traffic. This resulted in a head-on collision and the driver caused a fatal accident.
According to a witnesses, the offender was speeding at 80 mph in a residential area. The driver of another vehicle was killed on the spot. The offender was fine – he only fractured his leg and received a head trauma. He was then taken into custody by the law enforcement officers who arrived on the scene. The offender was found to be driving under the heavy influence of alcohol.
There are two main categories for vehicular manslaughter while driving under the influence – with gross negligence or without it. The California Supreme Court defines gross negligence as: “gross negligence is the exercise of so slight a degree of care as to raise the presumption of conscious indifference to the consequences……The test is objective: whether a reasonable person in the defendant’s position would have been aware of the risk involved.” If an individual was convicted for gross vehicular manslaughter, he or she may be facing from 4 to 10 years in a state prison. If a person was convicted for intoxicated vehicular manslaughter and without any gross negligence, he or she may be sentenced to up to one year in a county jail if it is a misdemeanor. If it is a felony, the individual will be sentenced to up to 4 years inside the state prison.
When trying to figure out if gross negligence was involved in an accident, the court takes several factors into consideration. These will include the blood or breath alcohol test results, the way in which the driver was operating the vehicle, and whether or not the individual was previously convicted for a DUI offense. For the above-mentioned case, the very fact that the driver was driving at a high speed in the residential area is going to play a major role in the prosecution’s strategy.
Driving under the influence of alcohol or any drugs is never a good idea. After all, you are not just putting your own life in danger, you are also endangering the lives of people around you – your passengers, other drivers, and even pedestrians.
Law enforcement authorities are not taking DUI offenders lightly. On the contrary, they are using harsh legal penalties to ensure that such accidents don’t take place in the future. Hence, the legal consequences may be quite severe and it doesn’t really matter if it is a major felony or a misdemeanor. One way or the other, you are going to lose your driver’s license, you are going to have to pay expensive fines, and you will need to attend DUI classes as well. Furthermore, you may be sentenced to community service and sent to county jail or state prison, depending on how harsh the accident was.
Even if you were in a DUI accident, there is still a chance that you will not have to face all of the above-mentioned consequences at once. You only need to get in touch with a qualified, experienced legal professional to make the most from your defense.
John Williams, ESQ
The Sacramento DUI Specialists
Dewayne Coleman – popular rapper who was also known as MC Supreme – was killed by a person suspected of driving under the influence. Coleman was with his female passenger, sitting in the parked car, when a pickup truck hit them. Coleman’s car then flipped over and fell on the embankment above the beach. The female passenger was also injured in the crash. The pickup truck went on and slammed into yet another parked vehicle. The driver of the pickup truck was only slightly injured and was afterwards for suspicion of driving under the influence and vehicular manslaughter.
While the whole situation was nothing less than tragic, the public’s reaction to it was quite interesting and a bit controversial. Of course, when something like this happens, the first response is purely emotional. Yet, some people are going too far, saying that the suspect should have died in the accident and that the world would really be a better place without him. While it is understandable, let us not forget that the simple fact of presumed innocence is still strong in this country. We do not know whether he was submitted to a blood test or if he driving under the influence to begin with, so let us not jump to any conclusions.
There are also people who just wait for something like this to happen so they can tell us that the legislation on driving under the influence is far too mild and that the penalties should be even more severe than they already are. However, just hold on for one bit – the legislation here is already as harsh as it can be. Miranda Rights are not necessary whenever a DUI offender is arrested: he or she does not have the right to an initial consultation with an attorney. In addition, the DUI offender does not have the right to refuse blood or breath alcohol tests. Furthermore, if there is a warrant, the police will get it done right away. Every individual convicted for driving under the influence must attend special alcohol awareness classes for nine months. If a person or perhaps a group of people were injured or someone died in the accident, there is a pretty solid chance that the defendant will go to prison for many years.
Some are not criminals at all. They simply made some bad decisions. And even if no one got hurt, they will still be prosecuted, but they will learn from their mistakes and will not drive and drink again.
Keep in mind that the law enforcement authorities in some places are more severe and are prosecuting people even if their BAC is slightly below 0.8. Hence, people with 0.7 and even 0.6 BAC are suffering because of those legal penalties as well. If you were prosecuted for DUI, there is pretty much no going back at this point. You are likely to lose your job, your reputation will be ruined, and you will lose your driving license for a very long time.
While drunk driving is unforgivable, it does not mean that everyone driving under the influence of alcohol or drugs can be deemed as actual criminals. Plus, you know just how hated lawyers are – they protect the rights of DUI defenders. And while it is completely understandable, let us remember one more time about the presumption of innocence and all the legal instruments that we now have to sort the matter out in the very least time possible.
DUI charges can be harsh and pretty detrimental for one’s life. So, if you or your loved ones were charged with driving under the influence, it is best to get in touch with a qualified, genuinely experienced DUI attorney as soon as possible.