what will get more prison time,dui manslaughter or vehiclar homicide?

Question

my sister was killed by a drunk driver.he is charged with vehiclar homicide,dui ,no license.he has been convicted of two dui prior to this one.should we seek manslaughter or homicide

Answer 1

Homicide is NOT murder, Homicide, literally means a killing of a human being by another human being.

What is a Homicide?
Homicide is the killing of another human being. The definition of homicide includes intentional killings, such as murder, and not intentional killings, such as manslaughter.

Sorry, I was not clear in my definition. I was replying to another post who's definition of Homicide = Murder! No, not so, it is NOT distinctively murder, as it includes all killings of a human by another human. Homicide does include murder, at all levels, it also includes, self-defense, accidental killings, and a variety of other killings which may NOT have "Malice of forethought" included in the definition. I was simply trying to clear up the erroneous post by another that Homicide automatically equals murder; it does not! BTW - I was quoting the definition from Black Letter Law. Audiepoo, is correct on her definition, and I appreciate her going to the trouble of making the correction. So, technically blue_flowered_eyes was WRONG!
But that is beside the point. Can we not practice law on the net? Thanks!




Ok, now for your scenario. First of all, I am VERY sorry about your sister.
Next, the charges of vehicular manslaughter aggravated by the DUI, is not good. I practice in California, and in California, vehicular manslaughter, when aggravated by a Malum-in-se event ("bad in itself") (i.e. Driving under the influence, road rage, a suspended license, no license) where the actor KNEW they should not be driving, normally carries an automatic 5 year PRISON sentence.
I do not know what state the accident took place, as each state’s Model Penal Codes are different but I can guarantee the driver is looking at Prison time.

Answer 2

1

Answer 3

Manslaughter as homicide will have a higher standard of proof that the DA will have to try to meet, which means a less likely chance of a conviction and better chance of the perp walking scott-free.

Have had the same sorts of cases locally (multiple DUIs with a latter one ending in a death by vehicle) and in general, either way, most states the max. penalty will be 8 years and the person charged, if convicted, will be out in 4-5 years with good behavior as alcoholism/drug addiction is viewed as a medical condition that needs treatment and can be rehabilitates (not that it is necessarily true).

They may lose their license for 10 years or life for 3rd DUI, depending on the laws in the State and their prior history and how within how many years the charges/convictions have been incurred (although that never stops them from driving if they don't have a conscience).

Answer 4

Actually, the definition of homicide from legalmatch.com is:

What is a Homicide?
Homicide is the killing of another human being. The definition of homicide includes intentional killings, such as murder, and not intentional killings, such as manslaughter.

So, technically blue_flowered_eyes was right, but that's beside the point. I'm so sorry for your loss and hope this helps. I would consult my lawyer before anything else.

Answer 5

Homicide is considered straight murder.....manslaughter of any kind is considered murder that may have been preventable......in any case, a lot of judges or juries will offer manslaughter in a plea deal if they see enough evidence to prove so. I would definately seek homicide! The jail term maximum is much higher with less chance of early release.

Answer 6

Ask the prosecuter. This is a terrible loss...God bless you and your family.

Answer 7

The most appropriate site for your question –

http://www.usalegalcare.com/drunk_driving.htm

Trust me its good

Answer 8

Idk, talk to your lawyer he should be able to help you decide the best way to attack this situation. Best of luck to you :)