DUI is quite an obvious problem. In some criminal cases, the state of being drunk can affect the outcome of the case, as well as aggravate the responsibility of the offender.
While driving under the influence driver can cause a person’s death and, in consequence, be charged with the vehicular homicide (also known as vehicular manslaughter). California vehicular homicide laws have the presumption that a vehicle has a characteristic of being a potentially deadly weapon. In its turn, it results in allowing for easier conviction and more severe penalties for the offender.
In the state of California, the scope of the potential charges for a DUI accident caused the death of a person, depending on the degree of recklessness and blood alcohol concentration, consists of:
- a vehicular manslaughter,
- a vehicular manslaughter while intoxicated,
- a gross vehicular manslaughter while intoxicated, or second-degree murder.
Vehicular homicide can be charged whether as a misdemeanor or as a felony depending on the specific circumstances of the case as well as taking into consideration the criminal history of the offender.
In all aforementioned cases of the vehicular homicide, the prosecution, in order to prove the guilt of the defendant, must prove the following elements of the crime:
- driver acted in a wrongful way
- the wrongful act caused the collision and the death of the victim.
Thus, if you have been accused of having committed a vehicular homicide, there are always defenses that can help you avoid severe penalties. Moreover, sometimes a person can be innocent and, notwithstanding all circumstances, be accused of committing a crime by mistake. We will evaluate your case and engage as fast as possible in your defense for trial. Do not hesitate to contact us. We will do our best to get the best possible outcome for You!
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. If you have faced accusations of DUI, it is essential to contact an experienced California defense attorney who is will provide legal assistance. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000