THE KAVINOKY LAW FIRM

Every California DUI charge is extremely serious, but drunk driving cases involving death carry the harshest punishment of all. A second-degree murder conviction carries significant prison time, so if you or a loved one were involved in a California DUI case involving a death, it’s critical to have a top defense lawyer fighting for your rights. The skilled California DUI lawyers of The Kavinoky Law Firm are ready to review your case and build a comprehensive defense strategy.

Most California DUI deaths are charged as vehicular manslaughter or gross vehicular manslaughter, because in order to prove a murder charge, the prosecutor must establish that the driver acted with “malice aforethought,” or the knowledge that his or her actions were likely to result in death. This is difficult to prove if it’s the driver’s first arrest for DUI.

However, if you have one or more prior DUI convictions and are accused of killing someone while driving under the influence of alcohol or drugs, you can be charged with second-degree murder.  The prosecutor will use your prior conviction to allege that you knew the dangers of driving under the influence and chose to do so anyway.

If you pleaded guilty to a prior DUI conviction, rather than being found guilty by a judge or jury, you were required to sign a statement that said that you acknowledged that drunk driving is an activity that is likely to result in death. This so-called “Watson warning” will be used as evidence against you if you’re later charged with murder or manslaughter in a California DUI case.

A skilled California DUI lawyer will do everything possible to aggressively fight a second-degree murder charge in a drunk driving case. One tool your DUI lawyer will employ is the pretrial motion. Motions are official requests to the court to take a specific action. Your California DUI lawyer can use pretrial motions to ask the court to suppress evidence, strike prior DUI convictions, reveal information from the arresting officer’s personnel file, etc.

Seeking to strike prior drunk driving convictions is particularly important if you’re facing a charge of second-degree murder in connection with a California DUI, because the prosecutor will try to use your prior convictions to prove that you knew the dangers of drunk driving.

Your California DUI attorney may also employ a private investigator and/or an accident reconstruction expert. These defense experts may uncover evidence overlooked by the police that supports your defense. The Kavinoky Law Firm also includes an evaluation by a world-class substance abuse expert in its fee for every case involving alcohol or drugs. An evaluation by a top substance abuse expert may help your California DUI lawyer negotiate a favorable plea bargain on your behalf.

If you’re facing a second-degree murder charge in connection with a California DUI, you need a defense lawyer who will stand up for your rights throughout the criminal court process. The skilled California DUI attorneys of The Kavinoky Law Firm are experienced in every aspect of drunk driving defense. Please contact a top California DUI attorney today at 1-800-NO-CUFFS for a free consultation.