The fatality was a passenger in the other vehicle. It was a head-on collision with a 2006 Lexis. There were three people in the Lexis-the driver, a 26 yr. old female, a front passenger, a 31 yr. old male, and a backseat passenger, a 30 yr. old male-the fatality. They were driving up Leavenworth St., doing the speed limit, next thing the driver saw was the bright glare of headlights coming at her. She tried to swerve to miss the head-on vehicle but there were vehicles on the right side and parked vehicles on the left side. No place to go in a split second decision. The oncoming car was traveling at a high speed and impact was certain. The driver and front passenger were spared their lives because of airbags, but backseat passenger was flung back and then forward and suffered a broken neck.
Too many details there to be posting on this public forum. The District Attorney's office has access to this information, be aware of that if you decide to posts anything further.
Second, if you are convicted of being DUI, and causing the accident/collision, punishment is extremely severe. Based on what's provided here, its almost a certainty that you will be charged with the DUI and Manslaughter/Murder charges. YOU NEED GET THE BEST LAWYER YOU CAN HIRE IMMIEDIATELY!
Check out the CA DUI Lawyers Association site at this address: http://www.california-dui-lawyers.org
Also take a look at the National College for DUI Defense site: http://www.ncdd.com
Both of those sites offer DUI Lawyer directories. You will be able to find several well qualified attorneys to assist you.
Based on the limited facts presented in this question, this does not appear to be a DUI -related question. If you are curious to see how the investigative agency or prosecuting entity will handle this, I would view it more as a 192(c)(2) type situation meaning that it appears as though you are describing a scenario where a driver caused the death of another human being by violating a traffic code section.
How this is handled depends on the situation but if there is no alcohol/ narcotic in the driver's blood stream, generally the prosecutor will realize this is a terrible situation for everyone involved and seek a plea to a violation of 192(c)(2), vehicular manslaughter- a misdemeanor and want anywhere from 30-90 days of custody time depending on how egregious the violation was.
Not enough information to know whether this will be filed as a misdemeanor or felony. Don't know who caused the accident, whether alcohol was involved or other issues. If it's filed as a felony, I would agree that a vehicular manslaughter charge would be appropriate because it depends on whether is filed as a 192(c)(1) which is state prison time or a 192(c)(2) which is country jail time. And whether any enhancements are filed. Most times is it impossible to say how much time a person is facing because each case is very fact based,
Get free answers from experienced attorneys.
24,607 answers this week
2,554 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary