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Articles Posted in Vehicular Manslaughter

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California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle with ordinary negligence that results in the unlawful killing of a human being. The sentencing and punishment for vehicular manslaughter in Riverside can be severe.

Riverside%20Vehicular%20Manslaughter%20Defense%20Attorneys%20888-280-6839.jpg In order to get a Riverside vehicular manslaughter charge dismissed, it is very important that you hire an experienced Wallin & Klarich vehicular manslaughter defense attorney who will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that your vehicular manslaughter lawyers at Wallin & Klarich can raise on your behalf:

Defenses to Vehicular Manslaughter in Riverside

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If you find yourself accused of gross vehicular manslaughter in Los Angeles you will want to hire a Los Angeles Vehicular Manslaughter Attorney from Wallin and Klarich to help you win your case. There are many defenses that Wallin and Klarich have raised successfully in other cases we have defended. These defenses include:

Vehicular%20Manslaughter%20Attorneys%20888-280-6839.jpg1) You were not grossly negligent

You are grossly negligent when you act in a reckless way that a reasonable person would know creates a high risk of death or great bodily injury. To be convicted of gross vehicular manslaughter while intoxicated, the prosecution must prove you were grossly negligent.

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Steven Todd Newcomer has been charged with one felony count of vehicular manslaughter while intoxicated without gross negligence and hit and run causing death.

Kimberly Krause was riding her motorcycle eastbound on Chapman Avenue in Garden Grove and proceeded through the intersection on a green light and Newcomer allegedly made a left turn in front of her without yielding to oncoming traffic. Newcomer allegedly stopped for a moment before fleeing the scene.

Under Penal Code 191.5(b), vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

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In a recent case, Bryan Calles, the defendant was punished separately for the crimes of vehicular manslaughter and second degree murder for different victims arising from a single incident. Apparently after inhaling nitrous oxide, the defendant was driving his motor vehicle and struck and killed multiple people. He was driving his vehicle and went across the roadway and went on to the sidewalk where he struck four people.

He left the scene and went to work. The next morning, an officer arrested the defendant and saw that he had injuries consistent with the incident. One victim had a pierced right lung and both legs were broken. Two other victims had died due to multiple injuries that they had sustained because of the incident.

Following the trial, the jury convicted the defendant of gross vehicular manslaughter with an enhancement of causing greatly bodily injury a as well as fleeing the scene of an accident. He was also convicted of second degree murder of one of the victims. The judge sentenced the defendant to 23 years to life in prison, consisting of a term of 15 to life; plus 5 years for fleeing the scene; and 3 years for causing great bodily injury.

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A 25 year old Marine, Jared Ray Hale, stands accused of three felony counts of vehicular manslaughter while intoxicated in Orange County. It is alleged he was driving his car while intoxicated when it slammed into a tree killing his three passengers, all of whom were marines stationed with him at Camp Pendleton.

Mr. Hale is in dire need of an experienced vehicular homicide defense attorney in Orange County, who can help him try to avoid the serious consequences associated with a conviction for this serious crime. The accused faces up to ten years in prison if he is found guilty of the charges pending against him.

Mr. Hale suffered brain trauma and a broken arm and remains in a medical facility. However, the Orange County District Attorneys office plans to ask that his bail be set at $100,000 when he is arraigned.

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Vehicular ManslaughterSean 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.

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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.

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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.

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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.”

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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.

If you or a loved one has been accused of a hit and run, contact our experienced San Diego hit and run attorneys at Wallin and Klarich. Our attorneys have been helping those accused of serious hit and run crimes for more than 30 years. Call Wallin & Klarich today at (888) 280-6839 or visit our website at ww.wklaw.com for more information. We can help you.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.