DUI and Vehicular Manslaughter
San Bernardino and Riverside Criminal Defense
Driving Under the Influence of Alcohol or Drugs
Driving under the influence cases normally are filed as misdemeanors and are based upon two possible violations of the Vehicle Code. Section 23152(a) is a law making it a misdemeanor to drive while "impaired." Impaired driving is determined by how the driver is performing on the road, such as straddling lanes, swerving or hitting something. The driver's blood alcohol level under this section is not a factor. Most times, a driver is arrested for two DUI violations, the other one being a violation of Vehicle Code Section 23152(b). This section is based upon a driver having a blood alcohol content of 0.08 or greater.
Under both the "impaired" driving section and the the 0.08 law there is lots of room for defending a case. One can have a blood alcohol lever well above 0.08 and still not violate the 0.08 law. This can happen if a lot of alcohol was consumed shortly before driving, and by the time the blood test was taken, the level had climbed to over 0.08. It is the blood alcohol level at the time of driving that matters!
DUI charges have a negative effect on many things. They can cost a job which requires driving. They cause insurance rates to skyrocket. The fines are high and the DUI classes are time-consuming and expensive. Finally, many prosecutors want to send you to jail even for your first DUI. Do not represent yourself on a DUI.
Vehicular Manslaughter
There are different forms of Vehicular Manslaughter. Some involve simply negligent driving, resulting in someone else's death. These are most often misdemeanors. Other Vehicular Manslaughter charges, usually felonies, are filed because it is believed that the defendant was driving under the influence of alcohol or drugs when they caused someone's death. These are obviously serious charges and carry lengthy prison terms in some cases. If a person has a prior DUI on their record, the district attorney can actually pursue murder charges!.
Defense of Vehicular Manslaughter charges often involves accident reconstruction experts to show why a defendant did not actually cause the accident leading to the death. Because the consequences of a Vehicular Manslaughter conviction can be so severe, it is vital that you or your loved one enlist an attorney who knows by experience how to defend you effectively. If you or your loved one have a pending Vehicular Manslaughter case, contact this San Bernardino and Riverside Criminal Defense Lawyer and consult with him about how best to proceed. We have had great success over the years both in San Bernardino, Riverside, and the while Inland Empire defending vehicular manslaughter cases.
Call The San Bernardino and Riverside Criminal Defense Lawyer to see what your best defense might be. Consultations are at no cost.
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