Vehicular Homicide
The California Legislature has passed laws that carry harsh punishments for drivers who are convicted of killing another person while driving under the influence of alcohol or drugs. Public sentiment is often strongly on the side of the legislature on the drunk driving issue. The movement to stop drunk driving has grown considerably over the past decade and the punishments for driving under the influence cases involving death have increased over that time period as well.
Punishments in these cases can be very severe. When a person dies in a drunk driving incident, the prosecutor will commonly charge the driver with second degree murder, manslaughter, or vehicular homicide. A skilled DUI / DWI defense attorney can often reach a suitable plea bargain with the prosecution or they can zealously defend the case at trial.
Vehicular homicide is a wobbler. This means it can be charged as a misdemeanor or a felony. Typically, vehicular homicide will be charged as a felony. The standard in a case for vehicular homicide is that the driver acted with ordinary negligence. A conviction for a felony vehicular homicide will carry severe penalties.
The penalty for a vehicular homicide conviction can mean a prison sentence of one year or more. If the driver has prior convictions for driving under the influence of alcohol or driving while intoxicated, he or she can be sentenced to 15 years to life in prison. A California lawyer skilled in drunk driving defense will attempt to have the charges reduced to a misdemeanor. This will significantly decrease the potential punishment.
Independent experts will investigate the underlying DUI charge. If the driver was not under the influence of alcohol, the prosecutor must drop some of the charges. The experts will investigate the driver’s blood alcohol content (BAC) at the time of the accident. Chemical tests are oftentimes conducted hours after an accident. Due to the delay in conducting the testing, there will be no conclusive evidence as to the driver’s BAC at the time of the accident. In fact, it could have increased between the time of the accident and the time of the blood test or breath test.
Independent investigation by the criminal defense attorney and his or her team of experts is extremely important when presenting a defense to charges of vehicular homicide. An attorney who focuses on drunk driving criminal defense will employ independent investigators to conduct forensic research and reconstruct the accident to uncover evidence that points to the defendant’s innocence. After all, the defense is up against both the police and prosecutors who have the resources to investigate every aspect of the incident to gather evidence against the driver.
Because the consequences are so severe in vehicular homicide cases, and because the effort of the prosecution may be relentless, it’s crucial to hire only the best possible legal representation. A California DUI / DWI attorney and the experts on the defense team can evaluate each case to determine the best possible defense strategy in order to minimize any potential punishments.
