Posted on: June 12, 2015 by in DUI
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California Penal Code 191.5(a)

Orange County DUI attorneyMost people charged and convicted of DUI in California are charged and convicted for a first-offense misdemeanor. Most of these drivers haven’t harmed anyone or damaged any property. They “learn their lesson” and don’t become repeat offenders. In California, if you cause a fatality by driving under the influence with “gross negligence,” the charge under California Penal Code 191.5(a) is gross vehicular manslaughter while intoxicated, a felony sometimes punishable by up to ten years behind bars. Obviously, if you are charged with a crime this serious in southern California, you’ll need high-quality, immediate legal help. Arrange as quickly as possible to speak with an experienced Orange County DUI attorney.

California aggressively enforces the law against driving under the influence, and the penalties can be severe. A fourth DUI within ten years or any DUI with an injury or a fatality is prosecuted as a felony. But a young Pennsylvania man is facing a sentence that’s harsher than any DUI penalty in California. Thomas Gallagher Jr., 29, could reside in a Pennsylvania state prison for the next half-century, and he’ll be there for at least the next twenty years. Gallagher, according to Pennsylvania authorities, was the driver responsible last summer for 18-year-old Meredith Demko’s death in Lancaster County. According to court records, the young man’s blood alcohol content level registered at nearly three times the legal limit. Gallagher was also high on heroin at the time of the crash, authorities charged, and his license had been suspended due to a previous DUI conviction.

Although there are no fifty-year sentences for DUI in California, even a misdemeanor first-offense conviction can land you in jail for up to a year in this state. If you are charged with DUI in Orange County or anywhere else in southern California, fight the charge with help from a trustworthy DUI attorney. Test results can be challenged; witnesses can be cross-examined; the reason you were stopped may not even have been legal. You’re innocent until you are proven guilty. After any Orange County DUI arrest, put your DUI case in the hands of an experienced Orange County DUI attorney, and make the call immediately.

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