Manslaughter Conviction for Drunk Driver

June 25, 2011 (Press-News.org) Manslaughter Conviction for Drunk Driver

Man Also Faces Second-Degree Murder Charges After Passenger Was Killed In Wreck

A jury will try a San Mateo County resident for second-degree murder after killing a passenger while driving drunk. The man lost control of his vehicle on April 11, 2009, while allegedly speeding. The man drove into a curb, slid sideways into a eucalyptus tree and flipped the car onto its roof. A passenger in the driver's car was killed at the scene of the accident.

A jury convicted the man of felony gross vehicular manslaughter while intoxicated in April of 2011, but was unable to decide on the second-degree murder charges. The court declared a mistrial and the driver will be tried again in August. The earlier trial resulted in a 9-3 jury decision in favor of second-degree murder. The man is currently in custody on a $2 million bail.

Vehicular Manslaughter and Second-Degree Murder

Possible charges a drunk driver faces after an accident that results in the death of a passenger or other driver include:
-Vehicular manslaughter while intoxicated
-Gross vehicular manslaughter
-Second-degree murder

Any driver convicted of driving under the influence faces stiff penalties. When a drunk driver inures or kills someone because of his or her actions, however, the potential sentences grow significantly.

According to the California Penal Code, a charge of second-degree murder requires killing a human being "with malice aforethought." This means the alleged perpetrator must intend to kill a person, but does not necessarily need to kill someone out of hatred. Rather, when a drunk driver acts with a wanton disregard for life and the facts surrounding the accident demonstrate the driver was aware of the risk, a jury can find implied malice and convict the driver of murder.

A second-degree murder conviction can bring a life sentence, and the minimum sentence is 15 years in jail. Gross vehicular manslaughter is up to a 10 year sentence, and vehicular manslaughter carries a sentence of 16 months to four years in jail.

Contact a Criminal Defense Attorney

An accident that results in the death of another individual is a tragedy for all involved. If you have been charged with manslaughter or second-degree murder resulting from a DUI, contact an experienced criminal defense attorney. With such serious charges, you need an attorney who can present your case effectively and possibly avoid a murder conviction.

Article provided by Law Offices of Karlstrom & Krebs
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