Sunnyvale Resident Arrested on Suspicion of DUI (CA Vehicle Code 23152(a) and 23152(b))

Rabin Nabizadeh
October 14, 2014

19-year-old Sunnyvale resident (name withheld in order to protect the privacy of the accused) was driving his 2007 Nissan Maxima down East Bayshore Road at Laura Lane when he accidentally hit and killed a 67-year-old man.  He was allegedly operating his vehicle under the influence and did not see the other driver, who was taking a morning walk when he was struck at 6:15 a.m.  The crash was enough to send the Nissan flying off onto the side of the road where it came to a stop after hitting a pole and flipping over.  He was arrested on suspicion of DUI, vehicular manslaughter, and driving without a license (CA Vehicle Code 12500).  He did not flee the scene, but remained with Williams’s body until local law enforcement arrived.

According to California law, vehicular manslaughter that occurs because an individual was either drunk or under the influence of drugs (CA Penal Code 23152(a) and 23152(b)) while driving is considered a case of ‘gross negligence’ (CA Penal Code 191.5(a), “gross vehicular manslaughter while intoxicated”).  In other words, if you have already committed the crime of driving under the influence and then also commit some other kind of minor illegal act, then your negligence is considered to be greater than could normally be expected (‘ordinary negligence’) it increases to ‘gross’ negligence.  If someone loses his or her life because of your actions, then your situation becomes serious indeed.

In California, the penalties for violating CA PC 191.5(a) are determined in relation to the specific facts of the case at hand.  Technically, this crime is a ‘wobbler,’ meaning that prosecutors may choose at will whether to treat it as a misdemeanor or as a felony charge.  If convicted of a misdemeanor like this, you may face up to 1 year in county jail.  However, if you are convicted of a felony of this nature, you can expect to spend anywhere from 16 months to 4 years in a California State prison.  In either case, your driver’s license will, at the very least, be suspended.

 

latest news

October 5, 2022
9 Steps in a Criminal Defense Case

If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]

October 5, 2022
How Much Is a DUI in California?

A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]

October 4, 2022
When Is It Considered Domestic Violence

Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]