dui accident defense

dui causing fatality

In order for your lawyer to adequately defend your DUI manslaughter charges, the following professionals should assist with the investigation and your defense in almost every fatality case:

• An Accident Invesigation Expert
• An Accident Reconstruction Expert
• A Highway Design & Traffic Expert
• A Vehicular Engineer to testify on Airbag Deployment & Effects
• An Expert Toxicologist
• An Expert on Perception & other Human Factors
• An Ombudsman, or neutral Mediator and Counselor

Proven and credible expert witnesses are essential to the preparation of a successful DUI manslaughter defense. If you are consulting with an attorney who doesn't intend to employ experienced professionals in the above fields, the representation you are considering could possibly be inadequate.

It is crucial to retain an attorney who has successfully defended vehicular manlaughter and homicide cases in the past. Don't volunteer to be your lawyer's first fatality case.

misdemeanor vs. felony vehicular manslaughter charges

In California, a drunk driving related fatality can be charged as a misdemeanor or felony drunk driving offense depending on factors such as gross negligence, culpability, mens rea or intent to kill, and other factors the prosecution may seek to establish. If any offense that involved gross neglicence resulted in death of a pedestrian, motorist, passenger, or bicyclist, it will almost always be charged as a felony.

gross neglicence

When a death is caused by gross negligent act, such as racing, speeding, or other moving violations that demonstrate serious recklessness without regard for the another's safety, it is commonly charged as a felony vehicular crime. Typically, gross negligence will not be charged if a fatality is induced by a driver's impairment when no other aggravating factors exist.

manslaughter vs. homicide

Most fatal car accidents caused during the commission of an under the influence offense are charged as vehicular manslaugter, or intoxicated manslaughter, vs. vehicular homicide because the fatality usually lacks intent to kill, or mens rea, as opposed to murder.

The offense can be charged with gross neglicence, a gradually increased severity charge that elevates the manslaughter charge to to an offense just below a homicide charge where the prosecution seeks to establish a defendant's intent to kill.

California Vehicle Code 23593 Advisal:

You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.