Southern California Defense Blog

Sean Emery of the OC Register reported last week that Costa Mesa resident, Beau Richard Cook, was accused of losing control of his vehicle and killing a pedestrian while driving drunk, pled guilty to vehicular manslaughter and was sentenced Friday to six years in state prison. Witnesses reported seeing the defendant, traveling southbound on Harbor Boulevard and running a red light at Warner Avenue in Santa Ana.
Police reports indicate that the defendant lost control of his vehicle in an attempt to miss another vehicle, drove over the curb and struck a fire hydrant before hitting Eloisa Aguilar. Aguilar, 57, was killed instantly, while the defendant suffered injuries to his left leg and pelvis. Police determined that an hour and a half after the incident the defendant’s blood-alcohol level was .08. At the sentencing, Aguilar's fiancé, sister, niece and nephew all gave victim-impact statements at Friday's court hearing.
To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that: 1. The defendant drove a vehicle; 2. While driving that vehicle, the defendant committed a misdemeanor, infraction or otherwise lawful act that might cause death; 3. The defendant committed the misdemeanor, infraction or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant's grossly negligent conduct caused the death of another person.

If you or a loved one is facing a this charge, 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.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a motor vehicle 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, the defendant also committed a misdemeanor, infraction, or otherwise lawful act that might cause death; 3. The defendant committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant's grossly negligent conduct caused the death of another person.
Gross vehicular manslaughter while intoxicated 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, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters 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 Los Angeles criminal defense attorney about your case.

Vehicular Manslaughter occurs when someone drives a vehicle in a reckless and unsafe manner ultimately resulting in the death of another person. Some forms of reckless driving include speeding, driving under the influence of either drugs or alcohol or both and driving in an unsafe and wanton manner.

In some circumstances, the offense can be filed as a felony if gross negligence is involved. Felonies are much more egregious than misdemeanor offenses and carry a much stiffer sentence. Other factors involved may include prior offenses or prior criminal record on the part of the defendant.

Other punishments associated with this offense include probation, parole, fines, jail or prison time and restitution to the victim and their families.

Don’t risk your freedom and life to chance but choose the experienced and competent San Bernardino Attorneys at Wallin & Klarich to obtain the best representation possible.

If you or someone you love has been accused of a crime in California, such as vehicular manslaughter, contact the experienced San Bernardino California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 and visit www.wklaw.com to set up a consultation appointment.

A Lifetime Revocation of Driving Privileges and How an Experienced Southern California Criminal Defense Attorney Can Help You Retain This Privilege - California Penal Code 245

The punishments associated with being convicted with a crime can lead to prison time, fines, probation, rehabilitation programs, and the loss of certain privileges. For many people, the most significant potential privilege to be lost is their driving privilege. Under California law, the Department of Motor Vehicles (DMV) will issue a revocation of driving privileges to a person convicted of California assault with a deadly weapon when a vehicle is used as the deadly weapon or instrument in that offense. The law holds that a felony conviction will result in a lifetime revocation of the driving privileges of the person convicted.

California Penal Code section 245 states any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury is guilty of assault with a deadly weapon.” As of 2009, the law states that if the deadly weapon used to commit the assault is a motor vehicle, the California Department of Motor Vehicles “shall not reinstate a privilege revoked under any circumstances. As such, the individual convicted of the crime will face a lifetime revocation of driving privileges.”

Continue reading "Potential Sentence for Conviction for Assault with a Deadly Weapon" »

It was recently reported that a 62-year old woman died as a result of her injuries in a hit and run accident in Los Angeles. The woman, whose name has not yet been released, was hit while she was crossing a street near Normandie Avenue and West Adams Boulevard. The man believed to have hit the woman was driving a black Toyota Camry. Police are trying to locate the driver, who will be facing hit and run charges.

In the state of California, the driver in the above situation will be facing felony hit and run and possibly homicide charges. Potential penalties can include prison time, hefty fines, and loss of driving privileges for the rest of his life.

Continue reading "How Hiring An Experienced San Diego Criminal Defense Attorney Can Help You If You Are Arrested for a Hit and Run - CVC 20001 - CVC 20002" »

In some situations, being convicted of assault with a deadly weapon may result in serious penalties. Most people are generally aware of the potential consequences associated with a conviction for assault with a deadly weapon. A person convicted of assault with a deadly weapon may be unfortunate enough to get a lifetime suspension of driving privileges by the Department of Motor Vehicles.

Under California law, the Department of Motor Vehicles must suspend for life the driving privilege of a person convicted of assault with a deadly weapon when a vehicle is used as the deadly weapon or instrument in that offense. The new law holds that a felony conviction will result in a lifetime revocation of the driving privileges of the person convicted.

Continue reading "A Person Who is Charged with Assault with a Deadly Weapon May Be Surprised When their Driving Privilege is Suspended for Life" »

In Orange County, California, Joel Miranda, has been indicted on gross vehicular manslaughter charges for killing a pedestrian while driving a vehicle under the influence of alcohol. Miranda's blood alcohol level was almost three times the legal limit, at 0.23%. Allegedly, Miranda fled the scene of the fatal crash. Miranda pleaded not guilty and his bail remains at one million dollars. The defendant has three prior DUI convictions.

Other similarly situated defendants have been charged with an elevated charge of second-degree murder. This recent case is yet another example of the wide discretion the District Attorneys allowed in deciding what charges to bring. As such, it is essential to retain an experienced and knowledgeable criminal defense attorney. Your attorney will be able to contact the Prosecutor and attempt to influence what charges, if any, are filed against you.

Continue reading "Prosecution Has Wide Discretion in Deciding What Criminal Charges to File, If Any" »

The Associated Press recently reported the following story:

'Pulp Fiction' writer sentenced in fatal DUI crash

VENTURA, Calif. – An Oscar-winning screenwriter of "Pulp Fiction" has been sentenced to a year in jail for causing a fatal traffic crash in Southern California.

Avary and Quentin Tarantino share the 1995 Academy Award for writing "Pulp Fiction." He also co-wrote the screenplay for the movie "Beowulf."

Continue reading "Recent "Pulp Fiction" Writer's DUI Sentencing" »

The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct.

The first charge was “vehicular manslaughter with gross negligence” while the second charge was for “negligent vehicular manslaughter.” Because the first charge required the District Attorney to prove gross negligence and the second charge only required the District Attorney to prove simple negligence, the court held that the second charge was not barred by double jeopardy or California law.

California has begun toughening up vehicular accidents that result in death to obtain more convictions. There are many serious consequences associated with a charge of vehicular manslaughter in California.

Continue reading "Double Jeopardy and Vehicular Homicide" »

According to an latimes.com report, Andrew Thomas Gallo, 22, of San Gabriel was charged with three counts of murder, hit and run, and drunk driving in Orange County for his alleged role in the death of 3 individuals: a promising Angel’s pitcher, a Cal State Fullerton communications student and an aspiring sports agent.

The charges came after the baseball world was rocked by the news that young Angel’s pitcher, Nick Adenhart, 22 had died in an early morning car accident in Fullerton, along with driver Courtney Frances Stewart, 20, and Henry Pearson, a 25-year-old law student from Manhattan Beach.

Authorities said Gallo had a blood-alcohol content three times the legal limit of .08 when he ran a red light. The Toyota Sienna minivan he was driving, broadsided the Mitsubishi Eclipse driven by Stewart in the intersection of Orangethorpe Avenue and Lemon Street. Police claim that Gallo was driving between 50 to 65 mph at the time of the crash, the posted speed limit for that area is 35 mph.

This is clearly a very tragic situation where a very high profile athlete has lost his life. The age of the victims also contributes to the outrage that the community has expressed and may have also had an impact on the types of charges that were filed in the case. While the alleged details of the case paint a grim picture, it is of the utmost importance to remember that in this country, everyone is innocent until proven guilty in a court of law. Gallo, like all citizens who face criminal charges has the right to a competent, experienced Orange County criminal defense attorney to present his side of the case.

The right DUI attorney is not intimidated by a vehicular manslaughter and DUI case. Instead, he or she confidently relies on a long-standing track record and deep knowledge of the DUI field to aggressively defend the client. At Wallin & Klarich, our track record speaks for itself – and we speak on behalf of each and every one of our clients, no matter how dire the charge. Our legal resources can help preserve your license and freedom, keeping you out of jail and employed as a productive member of society. If you have been charged with vehicular manslaughter or DUI, call a California vehicular manslaughter attorney at Wallin & Klarich at 1-888-280-6839 to find out more about your case, or visit us online at www.wklaw.com to learn more about what can be done for you.