DUI-Related Vehicular Manslaughter
Riverside, San Bernardino, Los Angeles & Orange County
DUI Criminal Lawyer & Attorney

When a fatal traffic accident has occurred, there is usually an extensive investigation that performed to determine the cause of the accident, and subsequently a person(s) death.  If the investigating officers determine that one party involved in the traffic accident was under the influence of alcohol and/or drugs, they will arrest the person suspected to be driving under the influence for vehicular manslaughter whether or not he/she was the direct cause of the accident itself.  Vehicular manslaughter is a “wobbler” offense under the California Vehicle Code.  As previously discussed, this means that it can be charged by the D.A.’s office at either the misdemeanor or felony level, depending on the facts and circumstances surrounding the original accident.  The times when vehicular manslaughter cases are charged as misdemeanors are usually when no alcohol was involved, or perhaps if the DUI driver was not at fault for causing the accident. 

If the resulting fatality is determined to have been caused by a suspected DUI driver “with gross negligence” (when one is considered to have been driving without caution and concern for the safety of others), it can only be charged as a felony.  But a charge of vehicular manslaughter with gross negligence (as a felony) cannot be alleged solely due to the fact that a person was driving under the influence of alcohol. Other factors must be determined to have been present.  For example, the driver committing other moving violations and/or ignoring the advice of others not to drive would be considered another or other factors.  

Felony vehicular manslaughter is a very serious offense and can carry penalties that including state prison time.  Thus, it is important to obtain private counsel that is knowledgeable and experienced in these areas of the law.  The DUI defense attorneys at WILL & WILL, LLP have handled many vehicular manslaughter cases and are skilled in defending against them.  It is imperative in almost all of these types of cases that additional investigative work be done to assess what really happened.  Often the events of the traffic accident, or those leading up to it, happened so fast that no one is ever really 100% sure of who was at fault.  Thus, it is important that your defense team bring on a team of investigators, accident re-constructionists, and toxicologists to do an independent analysis of what actually happened and to re-interview all witnesses.  It is always best to start this process as soon as possible and while the evidence is still fresh. The sooner the WILL & WILL, LLP DUI defense investigation begins the better for you!

WILL & WILL, LLP’s DUI defense team, made up of former prosecutors and experienced DUI defense attorneys have successfully handled many vehicular manslaughter cases, both involving alcohol and/or drugs and not involving any illegal/controlled substances at all. Furthermore, our investigators, criminalists, and accident re-constructionists have invaluable law enforcement backgrounds and know how to piece together facts that those involved cannot even recall. We work with some of the top collision and alcohol consultants in the state, many of them former police investigators. Our knowledgeable DUI defense team is ready to be put to hard work on your case. 

WATSON MURDER
Watson murder can be charged when a person does “an act, the natural consequences of which are dangerous to life, which was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.” As a result, a person that is convicted of DUI-murder can be sentenced to prison for 15 years to life.  Watson murders are rarely charged.  In our long-term DUI experience, for a D.A.’s office to file a Watson murder charge, they must show that the driver had a “special knowledge or appreciation” of the dangers of drunk driving.  This is a vague standard at best.  However, the most commonly used basis for Watson murder charges is where the person arrested/charged is considered to be a repeat offender with multiple DUI convictions in the past.  If you are facing Watson (DUI-murder) charges, you need the experienced and knowledgeable DUI lawyers of WILL & WILL, LLP helping your case immediately!