Juvenile Charged with Gross Vehicular Manslaughter While Intoxicated in Fresno Fatal Crash

July 19, 2011
By Michael E. Mitchell on July 19, 2011 7:47 AM |

A bystander was killed after being struck by a vehicle that was involved in a high-speed chase with California Highway Patrol officers in south Fresno, Fresno DUI Defense Lawyer is critical if you are facing criminal charges in of DUI manslaughter in Fresno.
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In this case, Fox News reports, the driver was allegedly intoxicated while driving. The crash happened on southbound Highway 99 off the ramp to Jensen Avenue. Officers say a 20-year-old was driving a Dodge Charger that officers were chasing. The 20-year-old lost control of the car, causing it to crash into a panhandler who was standing on the side of the ramp.

The chase started when a CHP officer tried to pull over the car when the driver didn't stop at a stop sign. After hitting the man, the vehicle hit a pickup, though the driver of the truck wasn't hurt. The 20-year-old allegedly tried to run away, but officers were able to stop him and arrest him. Three people who were riding in the car were also arrested.

The driver faces charges of gross vehicular manslaughter while intoxicated, evading arrest and driving while suspended for DUI, the news station reports.

According to California Penal Code 191.5, gross vehicular manslaughter while intoxicated is "the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Those sections of the California Vehicle Code relate to juveniles drinking while intoxicated and adults who drink and drive. According to California law, gross vehicular manslaughter while intoxicated is punishable by up to 10 years in prison. For a person who has a previous drunk driving record, they can be sent to prison for 15 years to life, however.

While some people don't consider the consequences while driving drunk, Fresno DUI Lawyers have seen many people charged with DUI manslaughter when a person dies as a result of a drunk driver. That means that every aspect of the case should be challenged, from the police reports to eye witness accounts to breath and field sobriety tests, if they are given. If you are charged with a crime it is rarely a smart move to talk with police, as your statement can be used against you in a court of law. If you do talk, there may be ways to suppress that statement from evidence.

If you need a Fresno DUI defense attorney, contact the Law Offices of Michael E. Mitchell at 559-222-2424 for a free consultation.

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