If you have been arrested for a serious traffic offense such as driving on a suspended license, hit and run, or vehicular manslaughter, please contact our officetoday for a free consultation.
Driving while your license is suspended can result in imprisonment, fines, or both. The counts you are charged with partially depend on the initial reasons of why driving privileges were suspended or revoked, and if there is a refusal to issue a new license for those initial reasons. For example, if you drive with a suspended license due to a DUI charge, the consequences may be different than driving with a suspended license due to reckless driving.
Pursuant to California Vehicle codes § 14601, 14601.1, 14601.2, or 14601.5, if you drive with the knowledge that your license was revoked or suspended, you can be subject to severe punishment. “Knowledge” is established as conclusive when notice is given by mail to you from the department. Furthermore, the amount of prior offenses and timeframe between convicted prior offenses can result in longer jail time and heavier fines. Know your options and how to protect yourself. Contact us today.
“Hit and Run,” or the failing to stop at the scene of an involved accident where injury occurs or property is damaged is a very serious crime. California Vehicle codes § 20001 and § 20002, which each discuss failing to take required action if you cause the accident or are involved, list the consequences of such actions. If you are in violation of § 20001, the punishment will vary depending on if death, or a permanent or serious injury result from the accident. If death or serious injury does not occur, then typically there can be a fine ranging from $1,000-$10,000, and jail time up to one year.
However, if there is death or serious injury, there can be state imprisonment ranging from 2-4 years, a fine up to $10,000, or both. Furthermore, the court will take into consideration whether you are in violation of other offenses, and are driving with a suspended or revoked license. Your duty as an involved party to property damage, injury or death as a result of the accident means reporting your name, address, registration number, or other relevant information to the police. Consequently, other charges can arise in addition to your violation of the “hit-and-run” statutes. If you fail to properly report the damage you caused, or withhold the information required as discussed above, the minimum charge would be a misdemeanor with the possibility of a fine, jail time, or both. We are very experienced when it comes to these types of cases, and give special attention to each individual case.
According to California Penal Code § 192, Manslaughter is the unlawful killing of a human being without malice. Vehicular Manslaughter falls under subdivision (c), and is “driving a vehicle in the commission of an unlawful act 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.”
Under California Penal Code § 193, Vehicular Manslaughter can have some very serious consequences. Depending on your specific violation, jail time generally varies from one year in county jail to ten years in state prison. The court further makes a distinction between Vehicular Manslaughter and Gross Vehicular Manslaughter While Intoxicated. The latter, which falls under statute § 191.5 of the California Penal Code, can result in state imprisonment for up to ten years. The court also takes into account your prior convictions relating to these charges, and the timeframe between each offense which can amount to a significant increase in jail-time.
Please contact our office today to discuss your potential liability, consequences, and defenses to any of these charges. With over 20 years of criminal defense experience in California, we can help you protect your rights and prepare you for your case. Please contact us today for your free consultation.