California Vehicular Manslaughter While Intoxicated Lawyers

Vehicular Manslaughter While Intoxicated Defenses – California Penal Code Section 191.5(b)

Not Under the Influence
One of the elements that the prosecution needs to prove in order to achieve a conviction under this section is that you drove while under the influence. A number of different arguments may be made by a criminal defense attorney to negate any assertion by the prosecution of this fact:

• Defendant’s Appearance: When conducting a traffic stop, police make conclusions about whether a driver is intoxicated by looking for certain observable symptoms such as blood-shot eyes, slurred speech, strong odor of alcohol, or an unsteady gait. Any police testimony that you were under the influence because they observed these symptoms in your appearance can be skillfully refuted by an experienced vehicular manslaughter while intoxicated defense attorney who can link these symptoms to allergies, fatigue, frustration, nervousness, etc.
• Field Sobriety Test (FST): Since alcohol consumption impairs a body’s motor functions, FSTs are designed to test your balance and coordination. The results of FSTs are often viewed as conclusive evidence of intoxication if you performed poorly in front of a police officer. A defense attorney can establish that the FSTs in your case did not accurately measure your impairment by citing other factors that may have affected your ability to perform, such as nerves, fatigue, physical inability, etc.
• Police Procedures: In order to sustain a DUI conviction, police are held to abide by certain rules and procedures when investigating or arresting suspected DUI offenders. Such rules, for example, require that police have sufficient “probable cause” before conducting the traffic stop, that police give you your “Miranda Rights” before they arrest and interrogate you, and that police obtain a chemical test within a certain timeframe. Any failure by the arresting police to strictly adhere to these rules can leave them vulnerable to any contention by a criminal defense attorney regarding the propriety of the traffic stop or arrest. If skillfully argued, a defense attorney can suppress evidence or have the charges against you reduced or dismissed entirely.

Actions of the Defendant Not Negligent
To be convicted for this crime, you need to have acted with “ordinary negligence,” which means your failure to use reasonable care in your actions exposed you or those around you to an unreasonable risk of harm. If a criminal defense attorney can show that your actions under the circumstances were reasonable, and therefore not negligent, then you cannot be convicted for this crime. If it is held that you acted reasonably under the circumstances, your defense attorney may be able to reduce the charge to a simple DUI.

Actions Did Not Cause the Death
If it is found that your actions did not cause, or was not a substantial factor, of the resulting death of the victim, you cannot be convicted of vehicular manslaughter while under the influence. This determination is made by considering all the facts of the case. Since the question of causation is purely a question of fact, a skilled defense attorney can analyze and present the facts in a way to convince a judge or jury that the death was not the direct result of your actions. If this argument is successful, the charges against you may be reduced to a lesser charge.