San Diego Vehicular Manslaughter Lawyer

Get Help from a Top San Diego DUI Attorney

DUI charges can be filed as either misdemeanors or felonies. The level of crime is determined by various factors such as the prior record of the driver, the severity of property damage and injury to others and if a fatality resulted from negligent or reckless driving. DUI penalties are arrived at in a similar manner.

Vehicular manslaughter is charged when the death of another is caused due to the illegal driving of a vehicle, such as drunk driving. It is the most serious of DUI-related charges and, if convicted, it has the potential to seriously alter the course of your life. This is why it is so important to procure the assistance of a San Diego DUI lawyer like Mark R. De Yoe.

California Penal Code 191.5

If you are faced with a vehicular manslaughter charge for an accident in San Diego, then you must pay careful attention to California Penal Code 191.5 which details manslaughter offenses. According to this statute, gross vehicular manslaughter while intoxicated is the unlawful killing of a human, but without malice or preconceived intent.

This type of crime means that an individual could be facing imprisonment in state prison for up to a ten year time period. Vehicular manslaughter while intoxicated (not gross) will be punishable by sentencing to county jail for a maximum one year. To read these statutes in more detail, click here.

In some circumstances, a DUI resulting in death may be considered as second degree murder. Typically, this is a charge that only applies to those who have previously committed DUI offenses. In the State of California, a DUI resulting in death is often referred to as a "Watson Murder." This theory goes all the way back to People v. Watson, a case in which an individual who had multiple prior drunk driving offenses was convicted of second degree murder because of his priors. How is this possible? The court in this case used the principle of "implied malice" to convict this man. This principle brings intent into the scenario, and can constitute a charge more serious even than vehicular manslaughter.

Defense Against Felony Charges

Causing the death of another is a tragic event in one's life, and cause an individual to be incredibly fearful about their future. Those facing these charges are at risk of incurring a felony on their criminal record along with years in prison. Mark R. De Yoe is an attorney who deeply cares about his clients and the final results of their cases. He has devoted 28 years to helping people in difficult situations with seemingly hopeless outcomes for the future. It is highly possible that he can help you also.

The sooner you contact Attorney Mark R. De Yoe the sooner he can start building your defense. Evaluating all the details of the accident and arrest is vital to the case and the closer to the accident that it is accomplished, the better. He is compassionate about the welfare of his clients. He works well with the prosecution and is skilled in negotiating settlements. If you are innocent of the charges, he will be relentless in his fight for you.

You want someone on your side that will listen and understand you; who is knowledgeable about the law and experienced in all aspects of the legal process.