Vehicular Manslaughter

Last week in Santa Ana, an 18-year-old Lake Elsinore resident was driving on Ortega Highway in Orange County. Francisco Jesus Ochoa, 18, apparently did not possess a license to drive a motor vehicle and was uninsured. Ortega has been charged under the California Penal Code section 191.5 (a) vehicular manslaughter with gross negligence, for the killing his friend while driving under the influence of prescription drugs and possession of a controlled substance.

The crash occurred in the early morning hours on Ortega Highway when the driver struck an oak tree. He was taken to the hospital with moderate injuries, while his passenger was pronounced dead at the scene. If convicted on all charges, he faces approximately 11 years in state prison.

Are you or a loved one facing similar charges? To prove that you are guilty of this crime, the People must prove that:
1. You drove under the influence of an alcoholic beverage or a drug; 2. While driving that vehicle under the influence of an alcoholic beverage or a drug, you also committed a misdemeanor, infraction or otherwise lawful act that might cause death; 3. You committed the misdemeanor, infraction or otherwise lawful act that might cause death with gross negligence; and 4. You grossly negligent conduct caused the death of another person.

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: 1. He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 2. A reasonable person would have known that acting in that way would create such a risk.

Gross vehicular manslaughter while intoxicated alone is punishable by imprisonment in the state prison for 4, 6, or 10 years.

If you or a loved one have been accused or charged with this crime in Orange County, it is very important that you speak with an experienced Orange County DUI defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matter and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

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Recently in Santa Ana, a young man was arrested on suspicion of vehicular manslaughter as well as felony hit and run, felony DUI. Police believe that Angel Alberto Cruz Perez, 23, was involved in the incident where a two year old boy was struck and killed by the driver of a Sports Utility Vehicle (SUV).

Police identified the 2 year-old boy that was killed as Darwin Almeida. On Wednesday, Darwin’s mother was attempting to cross Fifth Street in an unmarked crosswalk in the early evening hours with her two children. She was carrying her 1-year-old daughter in an arm while holding Darwin by the hand.

The SUV struck Darwin, pulling him underneath the SUV, while the mother and the 1-year-old hit the hood of the vehicle and then fell to the ground. Darwin was taken to a hospital, where he died from the injuries.

Police tracked the SUV to a mobile-home park and found Cruz Perez, who after failing a field sobriety test, admitted to driving the SUV.

Are you or a loved one facing similar charges? You will need to speak with an experienced criminal defense attorney immediately.

If you are charged with gross vehicular manslaughter, then the prosecution will need to prove that you:
1. Drove a vehicle; 2. While driving that vehicle, you committed a misdemeanor, infraction, or otherwise lawful act that might cause death; 3. You committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; and 4. Your grossly negligent conduct caused the death of another person.

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: 1. He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 2. A reasonable person would have known that acting in that way would create such a risk.

If you or a loved one is facing a charge of vehicular manslaughter and need to contact an Orange County DUI attorney, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

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In California, under Penal Codes section 191.5 the crime of gross vehicular manslaughter while intoxicated is a felony offense that involves drunk driving resulting in the unlawful killing of a human being. There is no requirement that the act must be done with premeditation or malice aforethought. Rather, what is required is to show that the accused was acting with gross negligent at the time when the crime was committed. Grossly negligent actions are so reckless that they create a high risk of death or great bodily injury, and it deviates drastically from how a reasonable person would act in the same situation.
Gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. A person, who has been convicted of prior gross vehicular manslaughter or at least 2 prior DUI convictions, may face a prison sentence of 15 years to life. A conviction will also result in the immediate revocation of the person’s driver’s license. Once revoked, driving privileges will not be reinstated until 3 years after the date of revocation. This conviction may also incur a strike pursuant to the California Three Strikes Law.
If you have been accused of gross vehicular manslaughter while intoxicated, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com. We will be there when you call.

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In California, under Penal Codes section 191.5 the crime of gross vehicular manslaughter while intoxicated is a felony offense that involves drunk driving resulting in the unlawful killing of a human being. There is no requirement that the act must be done with premeditation or malice aforethought. Rather, what is required is to show that the accused was acting with gross negligent at the time when the crime was committed. Grossly negligent actions are so reckless that they create a high risk of death or great bodily injury, and it deviates drastically from how a reasonable person would act in the same situation.

Gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. A person, who has been convicted of prior gross vehicular manslaughter or at least 2 prior DUI convictions, may face a prison sentence of 15 years to life. A conviction will also result in the immediate revocation of the person’s driver’s license. Once revoked, driving privileges will not be reinstated until 3 years after the date of revocation. This conviction may also incur a strike pursuant to the California Three Strikes Law.

If you have been accused of gross vehicular manslaughter while intoxicated, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/gross-vehicular-manslaughter. We will be there when you call.

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In recent years, Super Bowl Sunday has become notorious for being the number one day for drunk driving-related incidents in California. In 2009, 11 people were killed and 163 people were injured in drunk driving accidents on Super Bowl Sunday. These figures are three and two times the normal daily average for the state. For the 2010 Super Bowl, county-wide police forces throughout California decided to increase its DUI patrols and checkpoints to prevent these accidents. Large concentrations of police in patrol areas and checkpoints are known as “saturation patrols,” and they are made to deter any potential criminal activity in areas where crime might occur. Nevertheless, in Orange County alone, more than 40 arrests for DUI were made during Super Bowl Sunday for 2010.

In California, a DUI conviction can result in a jail sentence, thousands of dollars in fines, and a license suspension. Multiple convictions will significantly increase these punishments.

If you or a loved one has been arrested for a DUI, contact our experienced San Diego DUI attorneys at Wallin and Klarich as soon as possible. Our knowledgeable and skilled San Diego DUI attorneys can help you through the complex court system surrounding DUI charges. Our attorneys will ensure that your rights are protected and that you understand the options available to you. Contact us today to begin working on your DUI defense. Call 1-888-764-2615 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys. Please visit us at www.wklaw.com. We will be there when you call.

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San Diego 10 News.com reported that a woman entered a plea of not guilty to gross vehicular manslaughter while intoxicated. The woman was allegedly driving along a street in Poway when she veered off into the bike lane, onto a curb, and hit a mother of two who was walking along the side of the road. The woman who was hit, a pedestrian, was killed. The accused woman is suspected of being under the influence of depressants.

Vehicular manslaughter is defined as a crime that results in the unintentional death of a person while driving a vehicle in an illegal manner. If the charge also includes gross negligence, then the definition includes driving with extreme recklessness and no concern for the well-being of others. This crime is a felony and penalties for a conviction can be up to 10 years in prison.

If you or a loved one is currently facing a charge of gross vehicular manslaughter, it is vital to contact an experienced Criminal Defense attorney. At Wallin and Klarich, we have knowledgeable Southern California vehicular manslaughter defense attorneys throughout Southern California who will work to provide you with the best defense. We will help your through the complex criminal court system. Call us at 1-888-764-2615 or visit our website at www.wklawdui.com

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