Vehicular Manslaughter While Intoxicated (Drunk Driving)
Vehicular manslaughter while intoxicated is defined by the Vehicle Code of California as the killing of a human being while driving a vehicle under the influence of alcohol or drugs.
A person driving with a blood alcohol level .08% or higher who kills another person as can be charged with this crime. If a person under the age 21 driving with blood-alcohol level of 0.05% he can also be charged with vehicular manslaughter while intoxicated.
This is a very serious offense that carries with it extremely harsh penalties. There are however many things that an experienced criminal defense lawyer can do to help a person charged with this crime. It is crucial for a person facing such charges to contact an attorney as soon as possible.
The criminal defense lawyers of Sigal Law Group are committed to helping our clients facing serious criminal charges and will do everything we can to provide you with the nest defense possible to save your life and your freedom. Contact Sigal Law Grouptoday.
Vehicular manslaughter is defined by the California penal code as the unlawful killing of a human being, while driving a vehicle in the commission of an unlawful act, or while driving a vehicle in the commission of a lawful act that a person should know is likely to cause great bodily harm or death
The standard for determining if a person is guilty of vehicular manslaughter is whether or not they have committed an act that constitutes gross negligence. Without gross negligence being found to be present the case and sentence that a person may receive is far less severe. Ordinary negligence is the failure to use ordinary or reasonable care.
Gross negligence is the failure on the part of a person to exercise any care, or so little care to have a judge or a jury conclude that the person had a disregard for the safety of others. This is a high degree of negligence that the government will have to show a person committed in order to prove their case.
For example, it can be argued that a person who ran a red light and caused a death was guilty of ordinary negligence and thus not guilty of vehicular manslaughter. However, a person who was speeding well above the posted limit that caused the same accident may be guilty of gross negligence.
No matter the facts of a particular case, it will be up to the criminal defense lawyer that a person hires to represent them, to present the facts in the manner which is most favorable to his or her client. That is why choosing the right Los Angeles criminal defense attorney is probably the most important decision a person can make.