When a fatal traffic accident is caused by the reckless or drunk driving of someone who survived the accident, the police and prosecutors are under a lot of pressure to obtain a fast conviction with the harshest penalties. When you are facing the unlimited resources of the state in a vehicular manslaughter case, you need a criminal defense attorney who has the experience and skill to take on such high profile cases.
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When you hire the Law Offices of Rudolph E. Loewenstein, not only will you have the benefit of more than 30 years of criminal law experience on your side, you will also have the experience of a Criminal Law Specialist and a former prosecutor on your side. This experience is particularly beneficial in homicide and vehicular manslaughter cases, when 15 years to life in prison could be on the line. Contact our Orange County criminal defense law firm for a free initial consultation.
Under California laws, there are varying degrees of conduct that can cause you to face vehicular manslaughter charges — or worse, second degree murder charges:
- Involuntary vehicular manslaughter (misdemeanor manslaughter): You could face misdemeanor manslaughter charges if your negligent conduct is believed to have caused a traffic accident that resulted in the death of another individual.
- Reckless vehicular manslaughter: Careless driving such as speeding or other reckless driving can result in criminal charges for vehicular manslaughter if your reckless driving ended in a fatal traffic accident.
- Vehicular Manslaughter while intoxicated: If you are found to have been intoxicated or under the influence of drugs and caused a fatal accident, you could face felony vehicular manslaughter charges (DUI manslaughter).
- Gross vehicular manslaughter while intoxicated: DUI manslaughter charges can be increased to gross vehicular manslaughter charges if you had an excessively high BAC, if you had a prior DUI conviction or if you were intoxicated and driving extremely recklessly — speeding, driving the wrong way or running a traffic light. Gross vehicular manslaughter with intoxication charges can also be charged as second degree murder, if the prosecutors use their discretion to do so.
Vehicular Manslaughter: DUI Manslaughter and Prior DUI Convictions
In a vehicular manslaughter case where alcohol was involved — especially if you have a prior DUI on record — the pressure put on prosecutors to prepare a compelling case against you is even more significant. The prosecution will attempt to demonstrate that your conduct shows a conscious disregard for human life and that you should be punished more severely than someone who was simply careless and caused an accident. The prosecution will present evidence that demonstrates you had particular knowledge of the dangers of drunk driving, such as your completion of the drunk-driving course required for individuals convicted of first-time DUI.
We know what to expect from the prosecution and how to present the strongest possible defense to counter the case against you. As your defense team, we challenge every piece of evidence against you, from the evidence of your intoxication or traffic violation to the cause of the accident. In examining every angle of your defense, we utilize accident reconstruction specialists, forensic specialists and other experts, when necessary.
Charged With Vehicular Manslaughter? Act Now.
If you have been charged with causing a fatal motor vehicle accident in Southern California, trust in the tough criminal defense trial lawyers at our law firm. Contact us for a free initial consultation.