DUI Blogger

Late last month, 24-year old Palmdale resident Michael Hemperly crashed his 2001 Porsche into a tree on Bouquet Canyon, a winding road in Santa Clarita, California. His 26-year old passenger, Rancho Cucamonga resident Marissa Hodges was killed as a result.

Although the case is still under investigation, authorities announced that Hemperly was arrested for felony drunk driving, vehicular manslaughter, and possession of a controlled substance.

Whether prosecutors charge Hemperly with Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law or Penal Code 191.5(b) “vehicular manslaughter while intoxicated” will depend on what the investigation reveals.

If the facts reveal that…in addition to driving under the influence…Hemperly committed an additional wrongful act with gross negligence, prosecutors will likely file the more serious charge Penal Code 191.5(a), California’s gross vehicular manslaughter while intoxicated law.

However, if the facts demonstrate that Hemperly only acted with “ordinary” negligence, they may pursue the less serious charge of ordinary vehicular manslaughter while intoxicated.

The less serious charge may be filed as either a misdemeanor or a felony and carries no mandatory jail or prison time. However, Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law is a straight felony that subjects an offender to four to ten years in the California state prison or to 15 years-to-life if he has a prior PC 191.5 conviction or two or more prior DUI convictions.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Vehicular Manslaughter

Bookmark:

Although California DUI murder cases a.k.a. “Watson murder” cases used to be quite rare, they seem to be on the rise. Last week, an Orange County jury convicted Suzanne Amelia Carlson, 27, of second-degree murder after she killed her passenger by crashing into an 18-wheeler Fed-Ex truck while she was intoxicated back in 2007.

Within an hour of the accident, Carlson submitted to a DUI breath test that revealed a blood alcohol concentration (BAC) of .22%. Carlson had previously been convicted of three DUIs, one in 2001, and two in 2007.

In order for a prosecutor to get a murder conviction in a DUI death case, he/she must prove that the defendant had first-hand knowledge about the dangers of drinking and driving, yet acted with complete and reckless disregard for that fact. Prosecutors were apparently able to prove that in this case, as well as two other recent California DUI murder or “Watson” murder cases.

Carlson, as well as the other defendants recently convicted of DUI murder, face fifteen years-to-life in the California State Prison for their acts. This is one reason why it is critical to consult with an experienced California DUI defense attorney immediately upon arrest if your DUI involved an accident where someone was injured or killed.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Second Degree Murder , News & Information , Vehicular Manslaughter

Bookmark:

A Lawndale man is wanted on suspicion of DUI and a fatal hit and run that took place this past weekend. The Los Angeles Times reported that after hitting a big rig on the 10 freeway, the driver of a BMW fled on foot, leaving his 20-year-old passenger to die, and another passenger and the driver of the truck to deal with their moderate injuries.

The L.A. Times didn’t include facts to explain why the California Highway Patrol suspected the driver of DUI. But if the CHP’s suspicion is confirmed, the driver not only faces felony hit and run charges…which subject him to up to four years in the state prison and a fine of up to $10,000…but to Penal Code 191.5 PC “vehicular manslaughter while intoxicated” charges as well.

Continue reading "Los Angeles Man Wanted for Fatal Hit and Run Following DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , Vehicular Manslaughter

Bookmark:

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

Bookmark:

42-year-old Youn Lee will be sentenced on December 7, 2009 for California Vehicle Code 191.5a gross vehicular manslaughter while intoxicated. The sentence is based on a fatal hit and run DUI that Lee was involved in more than 4 years ago. He plead guilty to the charge on Tuesday.

Lee reportedly crashed his SUV into the center median of the 55 freeway in Santa Ana on October 18, 2005. Lee’s headlights were not on when 23-year-old Ryan Cook rear-ended him on his motorcycle. Cook was then thrown off his motorcycle where he was run over by several other vehicles. Lee left the scene before the police arrived.

The next morning, Lee, who was an executive at Hyundai, met with general counsel at Hyundai Motor America. After the meeting, he was driven to LAX by a colleague and supervisor where he flew to South Korea, leaving his wife and young child behind.

The Orange County District Attorney’s office filed charges against Lee in April 2007. In September 2008, the D.A. requested Lee be surrendered back to California for trial and/or punishment...a formal legal process known as extradition. In December 2008, Lee was arrested and returned to Orange County in January 2009.

Continue reading "2005 California Fatal Hit and Run DUI Offender Pleads Guilty" »

Posted by Neil Shouse | Permalink | Email This Post

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

Bookmark:

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

Bookmark:

Last week, California Governor Arnold Schwarzenegger signed several new bills that will go into effect beginning January 1, 2010. One of them is known as Assembly Bill 808, the Ambriz Act.

This law will require every person who either applies for a new driver’s license or who wishes to renew his/her license to sign a statement acknowledging the dangers associated with drinking and driving. While that may not sound so harsh on its face, it sets the driver up for being prosecuted for second-degree murder if he/she is involved in a deadly DUI accident.

Until this bill goes into effect, only those who have suffered prior DUIs can be charged with California DUI second-degree murder, also called Watson murder…and even then, there must be additional facts to support a finding of malice. Without malice, there can be no murder.

Continue reading "Schwarzenegger's Targeting More than First-Time DUI Offenders" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , News & Information , Vehicular Manslaughter

Bookmark:

Marcos Barbosa Costa, a commercial truck driver was charged with murder when his runaway big rig killed a man and his 12-year-old daughter in La Cañada, Flintridge last April. Last week, those charges were dismissed.

The Pasadena Superior Court judge who dismissed the charges did so because she did not believe there was sufficient evidence to prove implied malice…a fact which must be proven before a judge/jury can convict a defendant of murder.

“Implied malice” is a state of mind which, in essence, means that you perform an act with a complete disregard for human life.

What’s interesting about this case is that an off-duty firefighter testified that he was behind Costa prior to the accident when he warned Costa that “the road was steep, he was travelling too fast, and that his brakes were smoking”. Prosecutors believe that Costa therefore had sufficient information to avoid the accident but acted with implied malice when he continued driving in an unsafe manner.

Continue reading "Murder Charges Dropped" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: News & Information , Vehicular Manslaughter

Bookmark: