Drunk Driving Charges?

Question

If someone is drunk driving, and the driver kills two passengers because he/she is under the influence, what charges is that driver charged with?

[Please give official charges too, like the ones you hear on TV and movies, such as arson, felony, first degree murder....etc.]

If there are no set standards for charges, then what are some charges the driver can be charged with?

Answer 1

Vehicular manslaughter may be charged when a driver causes an accident (either by violating a traffic law or by exercising negligence or “gross negligence”) and the accident causes the death of another person.

If alcohol was involved, prosecutors tend to charge the drinking party with vehicular manslaughter even if s/he was not at fault, and even if the accident was unavoidable. Police, biased as they are against drunk drivers, jump to the conclusion that the drinking party was at fault. Police and CHP collision reports tend to be hastily prepared, and slanted against the intoxicated driver.

An experienced defense lawyer should be brought into the case immediately—so that an independent toxicology analysis and accident reconstruction can take place while the evidence is still fresh. The sooner the defense investigation begins, the better.

Under California law, three primary vehicular manslaughter offenses are most often charged:

Gross Vehicular Manslaughter
Gross Vehicular Manlaughter While Intoxicated
Vehicular Manslaughter While Intoxicated (Ordinary Negligence)

Frequently Asked Questions About Vehicular Manslaughter Law in California
Q: Is vehicular manslaughter a misdemeanor or a felony?

A: If the vehicular manslaughter does not involve gross negligence, the prosecutor may charge it as a misdemeanor or a felony, depending on the circumstances. Vehicular manslaughter with gross negligence can only be charged as a felony.

Q: What is “Gross Negligence?”

A: Gross negligence is defined as driving without caution and without concern for the safety of others. It means a high level of recklessness. But a charge of “vehicular manslaughter with gross negligence” may not be based merely upon driving under the influence of alcohol. Other facts must be present, for example speeding, racing, running traffic lights, and/or ignoring the advice of others not to drive.

Q: If the defendant was not intoxicated or under the influence when the accident happened, can the prosecutor still charge vehicular manslaughter?

A: Yes. Although DUI is often present in vehicular manslaughter cases and can make the charge and the penalties more severe, the offense can still be charged even if the driver was completely sober. All that’s necessary is that the driver either (1) violates a traffic law or (2) exercises negligence (ordinary or gross negligence), and this infraction or negligence causes the fatal accident.

Q: If I’m involved in an ordinary accident, such as a pile-up on the freeway, and another party dies, can I be charged with vehicular manslaughter?

A: Often times, yes. Even if you were not drinking, not speeding, and not driving recklessly, the state can still charge you with vehicular manslaughter if there is some evidence you violated a traffic law and this violation caused the fatal accident.

Suppose, for example, you’re driving 55 on the freeway. The car ahead of you slams on its breaks suddenly. You can’t stop in time, and you hit the car. The other driver dies. The CHP may say that you were violating California’s “basic speed law” - driving too fast for the road and weather conditions at the moment. (In fact, the CHP says this is true any time you hit another car from behind).

Some prosecutors file vehicular manslaughter in this situation—even though it’s a pure accident that could happen to anyone. Keep in mind, however, that merely filing the vehicular manslaughter charge does not mean they can prove it in court and win a conviction. A good vehicular manslaughter defense lawyer may be able to show that the accident was due to factors beyond the driver’s control, and unavoidable.

Q: What are the penalties for vehicular manslaughter in California?

A: If the offense is a misdemeanor, up to one year in the county jail. If felony DUI vehicular manslaughter (but without gross negligence) is found, the sentence can be up to four years in state prison. If felony DUI vehicular manslaughter with gross negligence is found, the court can impose up to 10 years state prison. Substantial drivers license suspensions may also be imposed.

Q: How do defense lawyers fight a vehicular manslaughter charge?

A: When the allegation is vehicular manslaughter by a drunk driver, there are two fronts upon which the defense must be waged: (1) the intoxication level and (2) the cause of the accident.

As for the intoxication level, all the standard ways of fighting a DUI apply: uncertainty about the accuracy of the BAC testing devices, speculation as to the BAC level at the time of driving, the possibility the driver had consumed some alcohol but not enough to become under the influence, and a shoddy DUI investigation by the police.

As for the cause of the accident, again, it is critical for the defense team to conduct an independent accident reconstruction with our own experts. The vehicular manslaughter charge rests on the assumption that the defendant’s faulty driving caused the accident. Police investigators are biased, and almost always spin the evidence against the driver who has alcohol on his/her breath.

Many times our defense investigations reveal that the faulty driving of others, or road or weather conditions, or factors beyond our client’s control, are partially or even completely to blame for the accident. Uncovering these factors may lead to dismissal, acquittal, charge reductions or at the least, a more favorable resolution of the client’s case.

Q: If a person’s drunk driving causes a fatal accident, can he be charged with murder?

A: Sometimes, yes. The California Supreme Court allows the prosecution of what have become known as a “Watson Murder.” This can be charged when a person does “an act, the natural consequences of which are dangerous to life, which was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.” A person convicted of DUI murder is sentenced to prison for 15 years to life.

Watson murders are usually charged only in the most extreme circumstances, for example when a repeat DUI offender was heavily intoxicated and driving very recklessly. The prosecutor must show that the driver had a special knowledge or appreciation of the dangers of drunk driving. For this, the district attorney usually points to the fact that the defendant suffered a prior DUI conviction, and attended an alcohol awareness class (such as AB541).

Answer 2

In some states the driver may be charged with Homicide or a lesser included offense of manslaughter. Another lesser included charge could be reckless driving.

If there are no charges made, then you have to get the DA to tell you why and then press for a grand jury indictment. Other than that, nothing criminally may be done. You can however file a civil suit against the driver and insurance company. This will offer some relief to the family, however, no jail time for the driver.

Answer 3

Presuming you are within the UK, I've received information for you. The authorized prohibit is 35mg/100ml, so you're good over, close to two times actually. You might be taken to court docket. You say you could have been charged a couple of occasions earlier than. Does that imply you could have been performed for drink-riding earlier than? If so, you're particularly more likely to have a spell within, the court docket will take the view that you simply evidently have not learnt out of your prior punishments. You ought to seek advice a solicitor.

Answer 4

Vehicular manslaughter

Answer 5

The charges imposed would be determined by the prosecting attorney

Answer 6

felony drunk driving. manslaughter