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Orange County Vehicular Manslaughter Attorneys

Vehicular Manslaughter

In California and across the United States, recent court rulings are strengthening the consequences and punishments for people convicted of vehicular manslaughter while driving under the influence of alcohol. Those who are believed to have taken the life of another person while driving impaired will be charged with felony vehicular manslaughter, which can carry with it severe penalties, including many years in state prison, steep fines, and a loss of driving privileges.

Vehicular manslaughter is a very serious crime in California. When someone driving a motor vehicle unintentionally, however negligently, hits and kills another person, this is an unlawful act, and the driver can be charged with vehicular manslaughter. Depending on several factors, fines and sentencing for vehicular manslaughter cases can vary greatly.

Penal Code 191.5(b) is California's "Vehicular Manslaughter While Intoxicated" law, and if someone is suspected of violating DUI laws at the time when another person is killed in an accident that is believed to be your fault, you will likely have these charges made against you. In order to be convicted of vehicular manslaughter while intoxicated, it will need to be proven that you were driving under the influence of alcohol and/or drugs; that you negligently committed an unlawful act, or a lawful but dangerous act in addition to the DUI; and that your negligence caused the death of another person.

If you are convicted of Penal Code 191.5(b) as a misdemeanor, you face up to one year in jail and a maximum fine of $1,000. However, if you are convicted of this offense as a felony, the penalties are more severe. You face up to four years in state prison; an additional and consecutive three to six year sentence if a victim suffers great bodily injury; and up to $10,000 in fines.

Penal Code 191.5(a) is California's "Gross Vehicular Manslaughter While Intoxicated" law and is prosecuted the same way as Penal Code 191.5(b) except that it must be proven you acted with gross negligence, which essentially means serious carelessness. Gross vehicular manslaughter while intoxicated is always a felony. Depending on the specifics of your case, you will face the following:

Four, six, or 10 years in state prison, or
Fifteen years to life in state prison if you have a prior PC 191.5 conviction or two or more prior DUI convictions.

Additionally, if any surviving victims suffer great bodily injury, you will face an additional and consecutive three to six year prison sentence.

If you are charged with vehicular manslaughter in California, time is of the essence. Don't hesitate to contact the Orange County vehicular manslaughter DUI lawyers at Takakjian & Sitkoff, LLP, as soon as possible. Our attorneys have had great success in getting the charges against our clients reduced or eliminated altogether. We understand the severity of drunk driving charges and will aggressively fight for the best possible outcome in your specific situation. We have experience as former DUI arrest and prosecution procedure instructions to local law enforcement as well as experience as former DUI prosecutors. We can help you understand the severity of the charges made against you and advise you on the best course of action for your specific situation. Call our law offices at 866-299-4111 so we can get started on protecting your legal rights.