Summary
Felony vehicular manslaughter charges in California are serious, with potential sentences ranging from 3 to 10 years depending on the charge. Factors such as the motorcyclists speed, lack of headlight, and neighborhood lighting conditions may influence the case. For someone with no prior convictions, outcomes could include reduced sentences or plea bargains. Potential defenses include challenging the DUI evidence, contributory negligence, and highlighting mitigating circumstances like poor lighting and no prior record. Gathering evidence, such as witness statements and expert testimonies, is crucial. Consider consulting with a local defense attorney for personalized legal advice.Full Conversation
Desert edge, ca
Given the charges, it appears to be a serious case. Here is a summary of the charges and potential sentences:
- *.*(A) FELONY, INFLICTION OF GBI: * to 6 years in prison.
- *.*(A) FELONY, GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED: * to 10 years in prison.
- *(A) FELONY, DUI ALCOHOL CAUSING BODILY INJURY: 16 months to 10 years in prison.
Have there been any prior convictions or other charges?
No priors
The charges are quite serious, and given that there are no prior convictions, it might influence the sentencing but not necessarily the charges themselves. Engaging a lawyer is critical in this situation for the best possible defense and outcome.
Would you like information on how to find a local defense attorney?
Yes
Given the seriousness of the charges, it is crucial to engage a defense attorney. Here is some information on finding a local attorney:
Riverside County Public Defender's Office
Phone: (*) *-*
Address: * Main St, Riverside, CA *
Website: www.riversideco.comWould you like further assistance or information on a specific legal topic related to your case?
For someone who has no criminal record is charged with felony vehicular manslaughter in Desert Edge, CA. Where a motorcyclist crashed into the passenger door side of a dodge charger and was ejected. The passenger door was totally mangled due to the speed of the motorcyclist. It was at night and the motorcyclist didn't have his headlight on or either it was very dim. The motorcyclist died on scene. The driver blew a .* and a .* on the breathbreathalyzer. The motorcyclist was known to speed around the area travelling very fast. the area where it happened the neighbors have complained that it was too dark due to there being no streetlights. This was the 2nd accident involving a motorcyclist this week and the 4th this month.
What are the possibilities and outcomes. The driver was charged with
*.*(A) FELONY, INFLICTION OF GBI,
*.*(A) FELONY, GROSS VEH MANSLTR/INTOX,
*(A) FELONY, DUI ALCOHL CAUSE BDY INJ.
What are the usual verdicts for people who have similar charges?
Given the situation, the charges are quite serious. However, factors like the motorcyclist's speed, lack of headlight, and neighborhood complaints about poor lighting might influence the case.
- *.*(A) FELONY, INFLICTION OF GBI: * to 6 years in prison.
- *.*(A) FELONY, GROSS VEHICULAR MANSLAUGHTER WHILE INTOXICATED: * to 10 years in prison.
- *(A) FELONY, DUI ALCOHOL CAUSING BODILY INJURY: 16 months to 10 years in prison.
For someone with no prior convictions, potential outcomes could include reduced sentences or plea bargains, especially if mitigating factors are effectively presented.
Would you like more information on specific defenses or plea bargains for these charges?
Yes
For these charges, specific defenses or plea bargains can significantly impact the outcome. Potential defenses may include:
- Challenging the DUI evidence: The breathalyzer results were borderline, and there may be grounds to question their accuracy.
- Contributory negligence: The motorcyclist's speed, lack of headlight, and neighborhood lighting conditions could demonstrate shared fault.
- Mitigating circumstances: No prior record and local complaints about poor lighting may help in reducing the sentence.
Would you like more detailed information on potential defenses or how to proceed with a plea bargain?
Yes
Given the severity of the charges and the specific circumstances of the incident, here are some potential defenses and plea bargain strategies:
- Challenging Breathalyzer Accuracy: Given the borderline results (.* and .*), questioning the reliability and calibration of the device could be crucial.
- Contributory Negligence: Highlight the motorcyclist's excessive speed, lack of headlight, and local complaints about poor lighting to share fault.
- Mitigating Circumstances: Stress the defendant's lack of prior convictions and the problematic lighting conditions in the area.
Would you like to know more about how to gather evidence or witness testimonies for these defenses?
Yes
Gathering evidence and witness testimonies can be pivotal in this case. Here are a few steps to consider:
- Collect Witness Statements: Neighbors or anyone who saw the accident can provide useful testimonies.
- Obtain Police Reports: These can offer insights into the accident's circumstances and any contributing factors.
- Gather Environmental Evidence: Photos or videos of the dark street and lack of streetlights can support your defense.
- Expert Testimonies: Accident reconstruction experts can analyze the motorcyclist’s speed and headlight functionality.
Would you like more details on finding an expert or preparing witness statements?
Yes
Potential Next Steps:
- Finding an Expert: Look for accident reconstruction experts who can provide detailed analysis of the crash dynamics.
- Preparing Witness Statements: Ensure witnesses are clear and consistent in their recollections.
Would you like more information on how to locate an expert or draft effective witness statements?
Yes
Given the complexity and seriousness of the charges, along with the potential mitigating factors, it’s crucial to have strong defenses.
Gathering Evidence and Expert Testimonies:
*. Finding an Expert:
- Look for certified accident reconstruction experts.
- Ensure they have experience with vehicular manslaughter cases.
*. Preparing Witness Statements:
- Draft clear, detailed statements from witnesses.
- Ensure consistency by reviewing the statements multiple times.
Would you like help on how to get in touch with an accident reconstruction expert or more details on drafting witness statements?
Yes
Gathering Evidence and Expert Testimonies:
*. Finding an Expert:
- Look for certified accident reconstruction experts.
- Ensure they have experience with vehicular manslaughter cases.
*. Preparing Witness Statements:
- Draft clear, detailed statements from witnesses.
- Ensure consistency by reviewing the statements multiple times.
Would you like assistance with contacting a specific expert or guidance on reviewing and finalizing witness statements?
Is it mandatory to do an autopsy of someone who dies in an dui case
The requirement for an autopsy in a DUI-related death can depend on several factors, including local laws and the circumstances of the death. In California, an autopsy is often performed in cases of suspicious or unexpected deaths, which can include DUI incidents.
Would you like more information about the specific regulations in California regarding autopsies in DUI cases?
Ues
In California, autopsies are typically required in cases of suspicious or unexpected deaths, including DUI-related fatalities. This helps determine the exact cause of death and gather evidence for potential criminal charges.
Would you like more details on California’s autopsy regulations or how this might impact your case?
Yes
In California, autopsies are generally required in cases involving suspicious or unexpected deaths, including DUI-related fatalities. This is to determine the exact cause of death and to gather evidence for potential criminal charges.
Would you like to know more about how an autopsy report can influence the charges and defense strategy?
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