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