When a DUI in Los Angeles results in death, the prosecutor holds the power to determine the severity of the case. In some instances, they may deem it appropriate to file the case as vehicular manslaughter, a decision that can have profound and life-altering consequences.
In some cases, the prosecutor may deem the defendant's conduct so egregious that it warrants a second-degree murder charge. The difference in charges could be life-altering for the defendant, potentially leading to a sentence of fifteen years to life in state prison.
In deciding how to file a particular case, the prosecutors will assess whether the specific defendant appreciated or understood the high level of danger involved when someone drinks alcohol and drives a vehicle. They will also examine precisely what the defendant did in the subject case and assess their danger level to the public.
As I defend DUI cases in Los Angeles, I can see and hear judges throughout the county telling those people who plead guilty to a DUI that if they drink alcohol again and drive. If someone ends up being killed due to their actions, then the prosecutors can charge them with second-degree murder.
This is known as a “Watson Warning,” a legal concept that holds a defendant accountable for their actions. It is quite effective in a future prosecution for murder when the prosecutors can show that the defendant was told in a court of law just how hazardous it is to drink alcohol and drive a car.
I've heard that in society, we should not adopt an 'eye for an eye' mentality in our lives. However, in the scenario where someone causes the death because they drank alcohol and caused the end, that is exactly what I see going on. The prosecutors file the case and make every effort to put the offending driver away for the rest of their lives.
Strategies to Avoid Murder Conviction
What is so challenging to comprehend related to persons being sentenced to life in prison for DUI-related offenses is that much of it relies on fate and bad luck. I can not tell you how often I see people driving recklessly and being arrested for a DUI, and not having to serve a day in jail.
Other times, I see the same conduct or driving that is less offensive to the reasonable person, and that person ends up killing someone and is facing the rest of their life in prison.
Given the high stakes of a DUI-related death case, the role of an experienced attorney is paramount. A skilled defense attorney will engage in negotiations with the prosecutor, leveraging their expertise to advocate for their client and present a comprehensive perspective.
In cases involving DUI-related deaths, it's crucial to humanize the client. This can be achieved through character references from friends, family, and colleagues, which can profoundly impact the prosecutor's view of the defendant.
It also includes letting the prosecutor know precisely what happened related to the subject's drinking and driving. Hopefully, show the prosecutor that the defendant's conduct does not rise to the level of a murder charge being filed. This can be done by evaluating and explaining the person's history and the facts and circumstances leading up to the accident that caused the death.
DUI Case Review
The procedure I use in these cases is to meet with the client face-to-face and review everything related to the subject's accident, so I can understand their perspective on what happened and why. I will also review all of the discoveries related to the case and discuss them with the assigned prosecutor. This comprehensive review process ensures that we have a thorough understanding of the case and can develop the most effective defense strategy.
I will attempt to gauge the prosecutor's perspective on the case and explore strategies to persuade them not to pursue the harshest possible penalties and charges.
Once I have evaluated everything, the client and I sit down and decide exactly what we think is a fair and realistic way to handle the case. If we believe that the best course of action is to proceed with a jury trial, then we will initiate an investigation and develop a sound defense strategy.
If, on the other hand, we believe it is best to negotiate a resolution, then we will determine the client's bottom line regarding the charges and punishment. I will use my experience and skills to achieve the desired result.
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