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A Sudden Silence

In the state of California vehicular manslaughter is considered a crime of negligently driving a vehicle and causing the death of another person.  You could also receive a vehicular manslaughter charge if there was a death of a passenger in your own car that was caused while breaking the law.

There are many consequences of driving under the influence of alcohol or drugs depending on the severity of the incident.  If you did not cause harm or injury to a passenger or another driver, the penalties are not as great as accidents in which someone is hurt or killed.

A DUI related fatality can be charged as a misdemeanor or felony drunk driving offense depending on factors that will be determined by your defense attorney.  If the offense involved gross negligence that resulted in death of a pedestrian, motorist, passenger, or bicyclist, there’s the possibility that it will be charged as a felony.  It is not considered a homicide because there was no intent to kill another person. 

Generally speaking, if you are convicted of DUI manslaughter in California, you could be sentenced to jail for up to four years, or, if gross negligence or extreme recklessness is proven, up to 10 years in a state prison may be handed down as punishment.  Other penalties include extended periods of probation and a criminal record that can limit your choices of career and employment. 

Keep in mind that when you do drink and drive, there’s always that possibility of causing death or injury to another person.

Originally published here.

In a recent study of the number of drunk driving offenders in the country’s 20 largest cities, New York City ranked 17. According to Insurance.com’s data, New York has fewer drunk drivers than major cities in California (San Diego, San Jose, Los Angeles and San Francisco) and Texas (Austin, San Antonio, Dallas, Houston and Fort Worth).

What makes New York’s numbers lower than these other major cities’? Several factors may be coming into play.

Availability of Public Transportation

New York City is known for its large public transportation system. From subways and buses that run all night, to taxis that are readily available at every corner, people who drink have numerous options for getting home safely.

New York City is a compact area, while a city like Los Angeles is spread out with sparser public transportation. In Los Angeles, a car is practically a necessity; in New York, a car may seem like a liability.

Publicity Surrounding Leandra’s Law

The provisions of the Child Passenger Protection Act, also known as Leandra’s Law, have gone into effect between late 2009 and mid-2010. Among other DWI penalties, the new law requires every driver who has been convicted of misdemeanor or felony DWI to use an ignition interlock device for at least six months.

The ignition interlock device, installed in the offender’s vehicle, measures the driver’s blood alcohol level (BAC) before the car can start. The car will only start if no alcohol is detected. The ignition interlock system can cost up to $100 to install and $100 a month to maintain.

It is likely, therefore, that Leandra’s Law acts as a deterrent to people who might otherwise drive drunk. Police in New York have been aggressive about making arrests under Leandra’s Law. A good deal of reporting has occurred on the subject, which may be helping to prevent drunk driving.

Continuing the Trend

As more DWI arrests are made under Leandra’s Law, the numbers for New York City could appear to spike in the future, lowering the city’s status on the top-20 list. More stringent enforcement, however, is likely to result in fewer overall DWI offenses and accidents.

If You Have Been Arrested for DWI

An arrest for drunk driving, particularly in New York City or greater New York State, has serious legal consequences. If you’ve been arrested, speak with an experienced DWI attorney right away to learn about your rights and the potential consequences.

Originally published here.