In 2008 my sister was arrested for a DUI. In June of 2012, she fell asleep behind the wheel and hit a disabled car as she was

Asked over 1 year ago - Los Angeles, CA

exiting the freeway. Her BAC was .08. Sadly 2 people were injured and one was killed. Our attorney said he brought it down from 32 to life, to 19 years. Rather than murder, she is being charged with gross vehicular manslaughter (the "gross" deriving from her prior, as she was driving the legal speed limit when the accident occurred). This is being charged as a "violent" crime (mandatory that she serves 85% of her sentence), though all the research I do says vehicular manslaughter is NOT considered violent. However, resources say that great bodily injury IS violent? How is vehicular manslaughter not violent, but great bodily injury IS? Is this typical for second offense DUI cases in CA? I just want to know why she isn't eligible for half time if her charge is not violent. Please help!

Attorney answers (4)

  1. James C Forslund

    Contributor Level 19

    8

    Lawyers agree

    Answered . She should discuss this with her attorney.

  2. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . I am sorry to hear about your daughter's problems. It is difficult sometimes to deal with these family issues. Have her attorney explain these issues to her. We should not second guess your attorney who is aware of all the facts. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  3. Judy A. Goldstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Without all the facts,it is not possible to answer. Besides, attorneys online should not be second-guessing your sister's attorney. You should ask this question of her attorney.

  4. Damon Lucas Rogers

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree with everyone that this is something that needs to be discussed with the lawyer. That being said, gross vehicular manslaughter while intoxicated can be punishable by life where the person was previously convicted of DUI, per 191.5(d). That makes it qualify as a serious and violent felony per penal codes 1192.7(c)(7) and 667.5(c)(1)&(7).

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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