Manslaughter Info

DUI Manslaughter

DUI manslaughter is a felony offense. A person may be charged with this crime if he or she kills another person while operating a motor vehicle.

Definition of Motor Vehicle
A motor vehicle is a car, truck, motorcycle, all-terrain vehicle (ATV) or a motorized scooter. A boat powered by an engine is also considered a motor vehicle.

Definition of DUI
DUI means "Driving Under the Influence." While many people may consider that someone who is under the influence has been consuming alcohol, this is not necessarily the case. An individual who has taken drugs (either prescription medications or street drugs) and is impaired from operating it safely can still be charged with a DUI offense.

The crime of manslaughter occurs when an individual is responsible for causing the death of another person, through carelessness or negligence. It is different from murder, since manslaughter does not include the element of premeditation. Manslaughter charges may be laid if the death occurs in the heat of the moment, such as in a crime of passion, or due to the perpetrator's recklessness or lack of judgment.

DUI Manslaughter
In a situation where a driver kills someone while under the influence of alcohol and/or a drug, he or she may be charged with DUI manslaughter. A death must have occurred for this charge to apply. Where the impaired driver caused non-fatal injuries, he or she could be charged with a less serious offense, such as reckless driving.

Ordinary Negligence and Gross Negligence
DUI, or vehicular, manslaughter with ordinary negligence describes a situation where the driver failed to use reasonable care to prevent the accident or the fatality. In a case of vehicular manslaughter with gross negligence, the driver is accused of driving in an extremely reckless fashion.

Penalty for DUI Manslaughter
The penalties for DUI manslaughter depend on the jurisdiction. In cases involving ordinary negligence, the accused could be sentenced to up to four years in prison for each person killed in the accident. Cases of gross negligence are treated more harshly, with individuals being sent to prison for a minimum of 10 years for each person they killed.

DUI Murder
A person who is caught driving under the influence and who kills someone may be charged with DUI murder in some cases. The difference between the two crimes involves whether the accused displayed a "reckless indifference to the loss of human life."

Example of DUI Murder
A person who has been arrested on at least one prior occasion for a DUI offense who continues to drink and drive, resulting in another person's death, may be charged with DUI murder. Under the circumstances, prosecutors can argue that the accused person's actions indicated that he or she understood that drinking and driving was dangerous, but chose to ignore that fact and do it anyway.

Penalty for DUI Murder
In a jurisdiction where an individual can be charged with DUI murder, the penalty imposed on conviction can be severe. Under California law, a person convicted of this offense could be sentenced to life in prison.

Other resources
DUI Arrest Records External link (opens in new window)
Second DUI External link (opens in new window)
DUI Accident External link (opens in new window)
my son and a co defendant was convicted of manslaughter.they tried the shooter first.and the jury found him guilty only of manslaughter..the shooter said it was self defense and so did my son..the jury found that the D.A. had not enough evidense for murder count son is not even going to trial.this D.A. IS WANTING HIM TO TAKE MANSLAIGHTER AT 8 TO TEN YEARS.MY SON HAS A PRIOR STRIKE FOR BURGELARYS ONLY..HE IS NOT A VIOLENT OFFENDER.BUT A KNOWN GANG MEMBER.THE GANG INHANCEMENTS WHERE DROPPED.AND THERER WAS NEVER NO WEAPON FOUND.WE FEEL LIKE MY SON SHOULD TAKE A DEALM OF 3 TO 6 YEARS...PLEASE HELP A DESPERATE MOTHER....

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felicia Trammell
Thursday, March 7, 2013

My questions are related to a situation involving a man that is convicted of voluntary manslaughter and murder. The situation is he goes to a drug dealer's house the dealer's gun is on the table. After the dealer punches him he's reaching for his gun the man gets it first and shoots the dealer. Someone else immediately after enters the room and he just shoots them too. He was found guilty of voluntary manslaughter on the first person and gets 20 years, and is found guilty of murder for the second one and gets 60 years. The sentences are run consecutively which pertains to my second question. First, I'd like to kmow how with the first one bein voluntary can the second one be murder when there was no cooling off period or time for his state of mind change. He's done 18 years of the time. Is there any way to try to get either the conviction changed to voluntary on both. There are a number of questionable things wrong with his public defender's actions as well as the police. I'd like to help him if there's anyway to, but have no idea where to start or if it's even possible. Any information that could be provided to me would be greatly appreciated. Also, this case is in the state of Indiana if that helps to know.

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Amy Dickson
Sunday, July 8, 2012