Vehicular Manslaughter DUI
The offense of vehicular homicide is defined generally as a a person who unintentionally, negligently, or recklessly drives a vehicle which causes the death of another by the use of that vehicle. Vehicular homicide a felony. That person commits vehicular homicide, a felony not a misdemeanor, usually gets charged during a drunk driving accident when someone’s death is the proximate cause by the drunk driver.
The vehicular homicide felony offense, or in some states classified as a second degree homicide offense it depends on the statutes, lawyers at Mullen, Schlough & Associates S.C. excel in representing clients in all aspects of gross vehicular homicide or sometimes called involuntary vehicular manslaughter offenses.
Vehicular homicide are serious felony offenses conviction cases carrying a sentence of more than five years and sometime a minimum of three years in prison and shall at minimum license suspension. You have to be found the proximate cause of the victim’s death by the judge or jury to be negligent of a vehicular homicide. The other side must prove that you committed this.
Let us support you on a vehicular homicide charge by providing a criminal defense. The related maximum sentence can be from five years to a sentence up to a maximum of decades for those who committed this felony. An unintentional vehicular homicide, in some states classified as a second degree homicide or in some states classified as a second degree homicide, or sometimes called vehicular manslaughter offense is a serious offense that a conviction a sentence can have severe consequences for those who committed this.. Most human beings who commits such a crime are terrified at this thought.
If charges of a aggravated vehicular homicide related offense has been filed or just plain non-aggravated vehicular homicide are in process (possibly waiting or watching for a death of a person), an experienced vehicular homicide drugs and safety defense team will be able to improve the outcome. Remember, it is easier to prevent a vehicular homicide charge from being filed than it is to receive a not guilty verdict in court once it has already been charged. The best vehicular homicide lawyers near me are the attorneys that keep your future sentence in mind.
Although the evidence may seem substantial (like a death) against the person or defendant’s character, there are many options an attorney can use to challenge the vehicular homicide, or in some states classified as a second degree homicide, charge in crimes like these. It is important to act quickly to involve a legal professional who can properly assert and support rights and act as a knowledgeable voice inside and outside of the courtroom. Our vehicular homicide reckless negligent operation lawyers have achieved amazing results in vehicular homicide or sometimes called vehicular operation manslaughter cases during the pre-file stage as well as in the courtroom. Our vehicular homicide agents have the expertise to have vehicular homicide cases completely dismissed, or pursue a lower sentence for the client. This is what a person strives for but the situation of the victim is tantamount. Slight injury will result in probation, killing will result in prison time. The reckless manner and driver’s alcohol blood result is of note but you have to be convicted first. Let’s let the judge or jury decide a conviction involving prison before you do.
In Wisconsin a vehicular homicide , or in some states classified as a second degree homicide offense, handled by an experienced team of drunk or drug influence vehicle driving or criminal defense attorneys such as Mullen, Schlough & Associates can result in a different conviction entirely. We can persuade the prosecution to a “lesser” offense carrying with it a much lesser sentence and much less conviction resulting in a sentence involving a misdemeanor and possibly probation and punishable by less prison.
An example of this revised conviction would be having our client plead to one count of drunk driving violation and one count of substantial battery violation instead of one count of vehicular homicide. Even a second degree involving a vehicle homicide case capped at certain sentencing limits might be better than a vehicular homicide offense. These two offenses combined don’t carry with them the years in prison and fine maximum potential sentence exposure that one offense of vehicular homicide carries. This is a great example of how a well-seasoned experienced dui vehicular homicide defense attorney can help save the defendant’s good name.
The old thought of, “All Criminal Attorneys Do Is Get Their Guilty Client Off.” just isn’t true and a well-seasoned vehicular homicide lawyer knows it. Don’t be convicted of the crime then realize you need help. Again let’s let the judge or jury decide that before you do.
Appreciate The Seriousness Of The Situation And The Law!
If a person has been arrested for the crime of vehicular homicide driving reckless with poor safety, they probably know the seriousness of the situation WHEN they find out they may have caused the death of another person referred as the victim but they might not know the finer details of the law. Don’t let your buddies influence you into being a conviction. Don’t let them convince you that, “A prior is a prior is a prior.” Often times this is not the case.
The law says a vehicular homicide not a first degree homicide, it’s close until you’re aware of the differences a first degree homicide or first degree murder really entail. A person needs to let that sink in. A person needs to look beyond the causes of death in a vehicular homicide death of another person. The causes of death regarding operating a motor vehicle is a good sign though. Among other elements the law says first degree homicide requires intent and without the intent to kill, first degree homicide becomes a second degree charge.
Fight The Charges and Know The Laws!
So essentially long story short, don’t spend years in prison if you don’t have to. Walk away with a misdemeanor, traffic suspension and probation. I’ve only met one client in the 1,100ish that I’ve represented who did not mind the years in prison. In my experience as a Wisconsin OWI crime lawyer, many people believe there is no point in fighting intoxicated driving charges.
You may think if the police have a blood-alcohol concentration measurement above the limit, they have enough proof to convict. This is not entirely true! Police officers make mistakes at work, including mistakes with gathering, evaluating and storing evidence.
In addition when you tell them someone was taking you home the cops end up not believing you nor your designated driver. I’ve made a reputation for proving the cops wrong in a jury trial. Don’t just “buckle under” with a cop that doesn’t believe you. Let us organize your case and prove it to a jury and prove it to the judge who was operating a motor vehicle under the influence of alcohol.
They may also violate of defendants’ civil rights. There are literally thousands of vehicle driving defenses to an OWI and Drunk Operating charge in Wisconsin. Never plead guilty before calling the Mullen, Schlough & Associates S.C. for a free initial consultation about your case and your options. Contact us so we can go over the penalties with you and the most the crime is punishable. Don’t spend years in prison for some vehicular thing involving reckless alcohol or drugs driving violation that you didn’t do.
Top Sixteen Questions after a DUI Arrest
1. What is the best way to handle a DUI Arrest?
The first thing you should do after an arrest for DUI is contact a lawyer. If you can’t afford one, call or visit a local legal aid office. They will help you find a lawyer.
2. What is the best way to handle my first court appearance?
You should go to court on the date listed on your ticket. If you don’t have a lawyer, tell the judge that you would like a reasonable amount of time to find one. The judge will probably give you a court date for about two weeks later, and may set bail. You should ask the judge to lower your bail or release you on your own recognizance (without having to pay bail) if you have not been involved in any other criminal activity.
3. What should I do before my first court appearance?
Gather all of the evidence that will help your case. You should have all of your medical records and witness statements. You may also take photographs or other evidence that you think will help your case.
4. What happens at my first court appearance?
You will be asked to enter your plea. Your lawyer may ask the judge for a continuance, which means that you would have to come back later on in order to plead guilty or not guilty.
5. What happens after I plead guilty or not guilty?
You will be given a court date and time to return for your trial. Your lawyer may ask the judge for another continuance.
6. What is a jury trial?
If you have been charged with a felony, then you will be tried by a jury of your peers. If the judge decides that it is in your best interest to have a jury trial, then you will be asked to choose six people from the jury pool who are willing to serve on your jury.
7. What is a bench trial?
If you have been charged with a misdemeanor, then your case will be tried by the judge.
8. What do I need to bring to court?
You should bring any witnesses who can testify on your behalf. You should bring any evidence that will help you prove your case, such as a video recording of the incident or photographs of injuries to you or others.
9. What happens if I’m convicted?
You may be ordered to pay a fine, serve time in jail or prison, and/or you may be required to attend DUI school. If your license has been suspended, you will have to pay a fee for reinstatement.
10. What happens if I’m acquitted?
If you are found not guilty, then the charge against you will be dismissed and your license will be reinstated after consulting with the DMV. It isn’t automatic.
11. What happens if I plead guilty?
If you plead guilty, the court will impose a sentence and you may have to pay fines, serve time in jail or prison, and/or you may be required to attend DUI school.
12. What happens if I’m found guilty?
If you are convicted of a DUI, your driver’s license will be suspended for a period of time.
13. What are the long-term effects of a DUI?
If you have been convicted of driving under the influence, your insurance rates will increase dramatically and you may have trouble getting insurance.
14. What is the difference between a DUI and DWI?
DUI stands for driving under the influence, while DWI stands for driving while intoxicated and OWI stands for Operating While Intoxicated. With an OWI you don’t have to be driving a motor vehicle, just in a position to operate one. Call us to find out the details of what the difference is.
15. What are the effects of alcohol on the body?
The effects of alcohol on the body can vary greatly from person to person depending on these factors:
- How much you weigh. The heavier you are, the more alcohol it takes to get you drunk. If you’re a woman, your body will process and eliminate alcohol faster than a man’s. How much you’ve eaten. Food in your stomach slows down the absorption of alcohol into your bloodstream.
- What kind of drink it is, and how much you’re drinking? Some drinks have more alcohol than others. For example, beer has between 3 and 7 percent alcohol while wine ranges from 5 to 15 percent. Mixed drinks can have as much as 25 percent alcohol.
- What you’re drinking with. Mixing alcohol with other drugs or medications can cause serious side effects, like unconsciousness and death.
- How long you’ve been drinking. The more you drink over a longer period of time, the more alcohol you’ll absorb into your bloodstream.
- How often you’ve been drinking. If this is your first time drinking a lot in one sitting, it will take longer for your body to metabolize the alcohol.
- How your body reacts to alcohol. If you have a health condition, such as high blood pressure or heart disease, that can make it harder for your body to process alcohol.
- What you’re eating with your alcohol. Food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much sleep you’ve had. If you’re tired, your body won’t metabolize alcohol as quickly.
- Whether or not you’ve eaten before drinking. Eating food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much you’ve had to drink. If you drink a lot in one sitting, your body will metabolize the alcohol more slowly.
- How fast you’re drinking. Drinking alcohol quickly can cause your body to absorb more alcohol at once, which means it will take longer for your body to metabolize the alcohol.
- The type of alcohol you’re drinking. Different types of alcohol are metabolized at different rates, so some drinks will have a greater effect on your body than others. For example, hard liquor is more potent than beer, so it will have a greater effect on your body.
16. What are the effects of alcohol on the bod
When drinking alcohol the body absorbs it at different rates. It is estimated that a healthy liver can process about one drink per hour. The body also processes alcohol at different rates based on your weight, gender and whether you have eaten.
How many drinks did you say you had?
Most people have no idea how many drinks they can have and still be able to drive. The question is, “What does it take for you to become intoxicated?”
What legal DUI defense strategy has he or she used to win “unwinnable” cases before?
- “Not Operating the Vehicle” – If we can show a jury someone else was operating the vehicle when you intoxicated, this type of defense has been very successful in our record of high not guilty jury results.
- “Not Under The Influence” – If we can show a jury that you may have had some alcohol but did not consume enough to be operating under the influence, again this type of defense has been very successful in our record of high not guilty jury results.
Other Types Of DUI Defenses
- Collateral Attacks – If one or more of your previous convictions was entered without appreciating all you rirights (call us to see if they were) we can get the conviction thrown out for counting purposes, taking an OWI 3rd+ to an OWI 1st.
- Failure to Stop – Law enforcement has to have “an articulable suspicion that crime is afoot” or a known tipster who called in the activity and then observe erratic driving. Unless they can show it, the entire stop may be deemed unconstitutional.
The minimum penalties for a DUI first offense are as follows:
- Fine of $500 – $1,000. License suspension between 8 months and 1 year
- Ignition interlock device of up to a 9 month period on your vehicle
- Mandatory installation of an interlock device on all vehicles (we can decrease the vehicle number to 1) with a bac of .149 or more
The minimum penalties for a DUI second offense are as follows:
- License suspension: At a minimum, you will lose your license for one full year and face restricted driving for two more years.The cost: $1800 in fines and costs
- Jail time: Up to 9 months
- Ignition interlock device: 1 year period on your vehicle
- You cannot reduce the suspension time without doing alcohol treatment.
- Mandatory installation of an interlock device on all vehicles.
- Jail time: up to 9 months
- License revocation: 270 days to one year
- Check our OWI Guideline tab for the county you get the ticket in to find out the normal penalties.
- Prison for at least 3 years. Incarceration for some of the term and extended supervision (now called Parole) for the remainder.
Your Driver’s License
The DOT hearing is completely separate from your drunk driving case. The DOT decides the validity of your driver’s license. The DOT does listen to the state court system (judge’s order) as to how long your license is going to be suspended but determines your driver’s license rule beyond that.
Your Commercial Driver’s License
If you are a CDL driver or have one in the family, it is crucial to know that there are different rules when it comes to DUI’s. A DUI conviction will stay on your record for life.
Two Firsts and a Third After Ten Years Rule
In Wisconsin if there is 10 years or more between your 1st DUI conviction and your 2nd DUI conviction, the State just gives you another OWI 1st, but as soon as you get your 3rd the State counts all your OWIs your entire life.
One Offense Two Tickets
Many drivers accused of such cases for the first time are confused when they are handed two tickets for what they thought was one event. In fact, Wisconsin breaks intoxicated driving into two offenses: operating under the influence and operating with a Prohibited Alcohol Concentration (PAC). A good DUI defense attorney should know this. The PAC or Blood Alcohol Content (BAC) ticket accuses you of driving with a blood-alcohol concentration or blood alcohol content of 0.08 or higher breath or blood test.
The police will accuse you of driving under the influence of an intoxicating substance whether that be alcohol, narcotic drugs or medication. Even if you are convicted of both, you can only be penalized once. The two tickets have the same penalties. But prosecutors like the redundant tickets as it allows them to move forward with one even if we can disprove the other conviction.
THIS IS WHY YOU NEED US!
The representation with a DUI attorney at Mullen, Schlough & Associates S.C. work with people who need help with all OWI defense issues.
Our lawyers and DUI attorneys understand that people who have been charged with a DUIs and gone through a DUI arrest are not necessarily criminals. The great majority of people we represent either suffered a quick lapse in judgment that resulted in a situation getting out of control or were caught in the wrong place at the wrong time.
If you have gone through a DUI arrest, do not hesitate to contact one of Mullen, Schlough & Associates S.C. OWI/DUI lawyers/attorneys near you for a free initial consultation.
It’s important to act quickly when you are charged with an OWI or DUI. The longer you wait to talk with one of our lawyers, the easier it is for evidence and opportunities to disappear and your conviction gets more probable. Remember our lawyers may help you for free so why not call.
Call 1-888-375-3056 toll free 24 Hours a day to schedule your Free Consultation today with one of our best DUI criminal lawyers near me or best DUI attorneys near me either by email, video consultation, phone or in-person.
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CONTACT US FOR A FREE CONSULTATION!
Call us at 888-375-3056. Send a text to your local Mullen, Schlough & Associate S.C. Attorney’s cell phone listed on the home page of our website or send an email to your local Mullen, Schlough & Associate S.C. attorney in the city near you or schedule a video consultation during a time that works for you!
- Flexible Payment Plans
- Local Court and District Attorney Familiarity
- Great Customer Service
We Offer DUI Defense Services In The Following Areas:
- Boating, Snowmobile & ATV DUI
- Drunk Driving Lawyer
- Drug & Medication DUI
- DUI Lawyer
- DUI Causing Damage
- Operating After Revocation
- Underage DUI
- Vehicular Manslaughter DUI
Locations Currently Served:
- Chippewa Falls, Wisconsin and All of Chippewa County
- Eau Claire, Wisconsin and All of Eau Claire County
- Menomonie, Wisconsin and All of Dunn County
- Rice Lake, Wisconsin and All of Barron County
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