DUI Blogger

Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing. Each man faces ten years in the California State Prison.

What distinguishes Penal Code 191.5a gross vehicular manslaughter while intoxicated from Penal Code 191.5b “ordinary” vehicular manslaughter while intoxicated is the level of culpability.

If the men hadn’t been racing…but were guilty of DUI and had an accident that caused the woman’s death…they could have alternatively been charged with DUI with injury or ordinary vehicular manslaughter while intoxicated. Both of these charges are “wobblers” which means prosecutors have the discretion to charge the offenses as either misdemeanors or felonies.

Continue reading "Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , DUI Legislation , Exhibition of Speed , Felony DUI , Vehicular Manslaughter

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Last week, the Manhattan District Attorney’s Office filed manslaughter, vehicular manslaughter, assault, and DUI charges against 31-year old Carmen Huertas. Huertas piled eight children (including her own daughter and fourteen-month old son) into her car to have a sleep over at her house. This was after she reportedly left a party with a BAC of 0.13%.

Before she drove off, her son was taken out of the car by the child’s father, Eduardo Henriquez. Henriquez knew Huertas wasn’t fit to drive and tried to stop her. When she wouldn’t listen, he removed his son from the car…but unfortunately not the keys.

As a result, three of the remaining seven children were ejected from the car when Huertas lost control, allegedly travelling 20 miles-per-hour over the speed limit. Before one of these eleven-year-old girls was killed, Huertas was apparently taunting the girls, demanding that they raise their hands if they thought they would make it home without crashing. Five of the children were not wearing seatbelts, and the three who were ejected weren’t even in seats.

Continue reading "Mom Charged with Vehicular Manslaughter" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Accidents , DUI Consequences , Felony DUI , News & Information , Vehicular Manslaughter

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The Los Angeles Times reported yesterday that Roger Walsh, 57, was sentenced to life in prison for killing a woman in a wheelchair while he was DUI. Neither the fact that the woman was in a wheelchair nor the fact that she was killed is what makes this case remarkable.
What does make this case remarkable is the fact that this was Walsh’s 19th drunk driving conviction.

This is clearly an extreme case, but it begs the question…what are the appropriate methods of punishment and/or rehabilitation for repeat DUI offenders who have an obvious addiction to alcohol?

California DUI school is one component of a DUI sentence, regardless of whether it’s an individual’s first, second, or third drunk driving conviction. For repeat DUI offenders with a true addiction, these classes aren’t the answer.

Continue reading "Canadian Man Receives Life Sentence for DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI School , Felony DUI , Multiple DUI , News & Information

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Although most California DUI cases get charged as misdemeanors--involving fines, DUI school and sometimes a short jail sentence--in certain instances prosecutors can charge a California felony DUI.

The consequences for a person convicted of felony DUI are significantly more serious. First, a misdemeanor DUI carries only a maximum sentence of six months to a year of county jail--though most offenders do little or no jail time. By contrast, a felony DUI can land a person in California state prison for 3 years of longer. Second, a felony DUI conviction resulting in probation will require felony probation and formal supervision by a probation officer.

Prosecutors may charge felony DUI in only three instances. First, a California DUI causing injury or death may be filed as a felony (or in more serious death cases, vehicular manslaughter). Second, a Fourth Time DUI may be charged as a felony. Finally, if a person has a prior felony DUI conviction for any reason, any subsequent DUI charge may be filed as a felony.

Like with all criminal cases, felony DUI often gets plea-bargained down. A prosecutor may start a case by filing the charge as a felony. But after recognizing weaknesses in the evidence, and negotiating with defense counsel, he/she often will agree to reduce the charge to a misdemeanor in exchange for a guilty or "no contest" plea.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , Felony DUI , News & Information

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