?What type of sentence is a person looking at for vehicular manslaughter?

Asked over 1 year ago - Huntington Beach, CA

The victim was jaywalking and the person behind the wheel was not intoxicated. His drivers license was expired but he was allowed to commute between school, home and work which he was during the accident. He did however panic and flee the scene.

Attorney answers (7)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . Felony hit and run is very serious in any state. He needs a local criminal lawyer asap.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . The biggest determining factor will be what the DA files and ultimately
    what, if anything they're convicted of.

    It could be anything from misdemeanor manslaughter (no intoxication &
    primary negligence) to felony (no intoxication but with gross negligence)
    to nothing if they were not at fault.

    There is the hit and run aspect to deal with though.

    Nobody here can guess at an outcome without knowing all the details,
    including why they didn't have a license at the time.

    Bottom line? They need a good defense attorney - one that focuses on
    criminal law and who routinely practices in the court where this case will
    be heard.

    Please pardon any typos - posted via mobile device.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. George Costas Andriotis

    Pro

    Contributor Level 20

    19

    Lawyers agree

    Answered . Potentially very serious charges depending on the facts. Leaving the scene greatly complicated the defense. Contact a defense attorney immediately.

  4. Adrienne Patricia Allen

    Contributor Level 15

    16

    Lawyers agree

    Answered . I have added a criminal defense category to your question. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  5. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    17

    Lawyers agree

    Answered . He needs to consult with a criminal defense attorney in his area.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  6. Malosack Berjis

    Contributor Level 20

    15

    Lawyers agree

    Answered . The driver needs to consult with a criminal defense attorney immediately.

  7. Jacqueline Belen Goodman

    Pro

    Contributor Level 9

    11

    Lawyers agree

    Answered . Have almost this exact fact pattern in North Orange County. Every case is different. Every defendant is different. Every surviving family makes the context different. But in my Fullerton case, there will be no jail time and a misdemeanor. In similar cases in Fontana currently pending, neither will result in manslaughter convictions, but in the DUI / Hit and Run (victim died), there will likely be a felony (hit and run) with misdemeanor DUI and some custody time, but not the significant state prison we expected at the start of the case.

    As Mr. Dane explained, the degree, if any, of negilgence on the part of the driver as shown by the evidence will play a major role in the offers and ultimate disposition and/or conviction. A case involving a jay-walking decedent and a non-negligent or ordinarily negligent driver is quite defensible, and potentially not a crime at all. It is important to know the circumstances of the flight from the scene and have an attorney capable of articulating the autonomic nervous system response to such a traumatic event. The fight-or-flight response disengages the executive functions of the brain and people often "flee" momentarily until they regain their senses. Your description - "he did panic" is particularly apt. It's natural, but some prosecutors need to be educated. Terrible tragedy, but not a crime. One side note, expired licenses don't allow for provisional driving.

    I wish you well,

    Jacquie

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