What You Need to Know about Vehicular Manslaughter and How an Experienced San Diego Defense Attorney Can Help You – California Penal Code 191.5

San Diego Criminal Defense Attorneys - Wallin & Klarich — Fri, 02 Apr 2010 11:00:04 +0000

It was recently reported that a San Diego man will stand trial for gross vehicular manslaughter for the death of his passenger in a June 2009 car crash. Charles Eugene Lemay, of Oceanside, was allegedly driving his truck on Highway 78 with Shannon Maureen Mahoney in the passenger seat. She was allegedly not wearing a seatbelt. Lemay allegedly went off the road, flipping the vehicle multiple times. Lemay allegedly sustained moderate injuries while Mahoney died. Police who arrived at the scene stated that Lemay was “acting irrational.” In Lemay’s preliminary hearing over the accident, the judge found that there was sufficient evidence for Lemay to stand trial for gross vehicular manslaughter.

Gross vehicular manslaughter is one of three degrees of manslaughter. It is defined as a crime that results in the death of a person due to an illegal action that took place while driving a vehicle. It can be tried as a misdemeanor or felony. Penalties vary depending upon the circumstances but include state prison time of up to ten years, fines, and probation.

If you or a loved one is facing a vehicular manslaughter charge or any similar charge, contact our experienced San Diego criminal defense attorneys at Wallin and Klarich. Our attorneys have been helping those accused of serious crimes for more than 30 years. Call Wallin & Klarich today at (877) 230-1529 or visit our website at ww.wklaw.com for more information. We will be there when you call.

San Diego Man Pleads No Contest to Vehicle Manslaughter Charge and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Penal Code 191.5

San Diego Criminal Defense Attorneys - Wallin & Klarich — Wed, 10 Mar 2010 11:00:15 +0000

It was recently reported that a San Diego man pleaded no contest to charges of vehicular manslaughter and driving in a bicycle lane. While driving in his car in January 2009, Arthur Newman struck and killed Walter Joller, who was riding his bicycle in the bike lane of Sabre Springs Parkway. Newman was not under the influence of drugs and alcohol; he simply did not see Joller. Newman pleaded no contest and was sentenced to three years probation, a fine of $700, 100 hours of community service, and 20 days of public works service.

Manslaughter is the unlawful killing of a human being without malice. Vehicle manslaughter in San Diego and throughout California is defined in three ways:

Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.

Vehicular manslaughter without gross negligence is a misdemeanor criminal offense. The punishment for vehicular manslaughter without gross negligence is not more than 1 year in the county jail.

If you or a loved one is in a similar situation, it is important to call an experienced Southern California criminal defense firm immediately to consult with an attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending these types of cases. They have extensive knowledge of the law and will work to provide you with the best possible outcome for your case. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.

San Diego Criminal Defense » Vehicular Manslaughter

What You Need to Know about Vehicular Manslaughter and How an Experienced San Diego Defense Attorney Can Help You – California Penal Code 191.5

San Diego Man Pleads No Contest to Vehicle Manslaughter Charge and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Penal Code 191.5