Vehicular Manslaughter vs. Vehicular Homicide
Vehicular Manslaughter vs. Vehicular Homicide
Vehicular Manslaughter vs. Vehicular Homicide In California, the difference between vehicular manslaughter and vehicular homicide lies in a few legal nuances. Vehicular manslaughter is defined as an unlawful killing that took place due to negligence or criminal recklessness. In other words, if the driver was behaving negligently or recklessly when a fatal accident occurred, they can be found liable for vehicular manslaughter. On the other hand, vehicular homicide is defined…
Read More
What Happens When a DUI Turns Deadly in California?
If your DUI resulted in a death, you may feel hopeless and unsure where to turn to. Unfortunately, being convicted of vehicular manslaughter can result in heavy prison sentences and suspension or revocation of your driver’s license. As such, it is important to obtain an experienced DUI attorney as soon as possible after the incident. What Is Vehicular Manslaughter? If you accidentally killed someone in a driving accident while intoxicated,…
Read MoreHow You May Be Able to Avoid Serving Time for Committing Vehicular Manslaughter (Penal Code Section 192(c))
Under California law, manslaughter is the unlawful killing of a person without malice. There are three different types of manslaughter - voluntary, involuntary, and vehicular. Vehicular manslaughter is defined in California Penal Code Section 192(c). It occurs when the driver of a vehicle causes the death of another person by negligently committing either: an unlawful act that is not a felony, or a lawful act, in an unlawful manner, which…
Read MoreWhen DUI Manslaughter (PC 191.5b) Becomes DUI Murder (187)
Because California possesses some of the toughest DUI penalties in the nation, it is vital for a person who is charged with a crime related to driving under the influence to have a Los Angeles DUI attorney in his or her corner. This is even more important when the individual has a prior DUI conviction. Taking to the road while intoxicated has become such a significant problem, particularly in more…
Read MoreFleeing the Scene of an Accident Makes a Bad Situation Worse
If you are involved in an automobile accident, regardless of who was at fault, it is important to always remain at the scene until police officers arrive to investigate. If you leave the scene of an accident, you may face serious criminal charges. This is particularly true if you were at fault in the accident and someone was injured or died. If you fled the scene, you could face felony charges. If…
Read MoreWill I Be Charged with Misdemeanor or Felony Vehicular Manslaughter? (PC Section 192(c))
If you are facing charges of vehicular manslaughter, we understand that this can be a very traumatic and confusing time for you. California Penal Code Section 192 defines manslaughter as the unlawful killing of a human being without malice. The law describes vehicular manslaughter as, “driving a vehicle in the commission of a lawful or unlawful act which proximately resulted in the death of any person.” If you were driving…
Read MoreWill My License be Suspended if I am Charged with Vehicular Manslaughter?
Vehicular manslaughter is prosecuted very seriously in the state of California. In addition to time in state prison, a vehicular manslaughter conviction can result in the suspension of your driver’s license. Even before a judgment is made in your vehicular manslaughter case, you face the suspension of your license by the DMV. Therefore, it is important to have an experienced Wallin & Klarich attorney who will review your case and…
Read MoreDUI: A Hard First Look at a Second DUI Conviction
California DUI laws are among the most severe in the nation. Yet, too frequently, drivers convicted of a first DUI face a second DUI conviction. The stakes rise considerably for a subsequent DUI conviction. If you have been previously convicted of DUI in California, our attorneys at Wallin & Klarich want to warn you that a second DUI conviction carries substantially greater penalties, especially if you signed a document acknowledging that…
Read MoreCalifornia Courts of Appeal Issue Important Ruling on Felony DUI and the Three Strikes Law
The California Courts of Appeal recently decided a case that may have implications for individuals convicted of DUI in California. More specifically, the case addresses sentencing for individuals who were previously convicted of gross vehicular manslaughter while intoxicated (DUI manslaughter). According to the California Courts of Appeal, the prosecutor is allowed to use your prior DUI manslaughter conviction to elevate a subsequent DUI from a misdemeanor to a felony charge,…
Read MoreConsequences of Gross Vehicular Manslaughter While Intoxicated in Riverside – PC 191.5(b)
Consequences of Gross Vehicular Manslaughter While Intoxicated in Riverside – PC 191.5(b) A gross vehicular manslaughter while intoxicated in Riverside charge is commonly raised when you are involved in a car crash where the driver or passenger of the car you hit dies, as a result of the collision. However, note that this charge may also be raised against you if a passenger in your vehicle dies as a result…
Read More