Archive for the ‘DUI Homicide’ Category

Vehicular Homicide in Pennsylvania: What You Should Know

Thursday, May 26th, 2011

Involuntary manslaughter, also known as vehicular homicide, is the negligent operation of a vehicle that results in an unintentional death.  The death is a direct result of the accused committing an unlawful act, such as driving while under the influence of drugs or alcohol.  It is important to know that you may be charged for involuntary manslaughter not just by the occupant of another vehicle but also for the death of a passenger in your car, including an unborn child.  Vehicular manslaughter can also be referred to as felony vehicular manslaughter.

Besides being intoxicated, there are other types of unsafe driving practices that may result in your being charged with vehicular manslaughter.  If you are engaged in street racing, reckless driving or other similar unlawful unsafe driving practices that result in a fatal accident, you may also find yourself charged with involuntary manslaughter.

If you are arrested for vehicular manslaughter because you were under the influence of alcohol when you were involved in an accident, you will most likely be looking at mandatory prison time.  Other offenses that may also be charged based on the specifics of your case may include:

  • Recklessly endangering another person
  • Reckless Driving
  • Speeding
  • DUI or DWI
  • Careless Driving
  • Aggravated Assault by Vehicle while DUI

The sentence upon a conviction is indeterminate. If however, the prosecutor can show that the death occurred because you consumed alcohol or a controlled substance, you may face a mandatory three-year prison sentence in addition to other charges received as a result of the accident.

Several factors will determine the severity of your sentence including prior DUI convictions, being on parole at the time of the accident, or previous prison time for vehicular manslaughter.  Any of these factors will typically result in a longer state prison term.  Besides serving time, if you are convicted of vehicular manslaughter, you will lose your driving privileges and be subject to probation as well as huge fines.

An experienced Pittsburgh criminal defense attorney specializing in vehicular manslaughter can help to protect your rights while seeking to have the charges dismissed or reduced.   Some of the things our experienced criminal defense attorney may do include:

  • Challenge DUI charges including attacking the veracity of field sobriety and BAC testing
  • Make sure that your right not to make a statement until you have a lawyer present is respected
  • Interview witnesses and review evidence to look for weaknesses in the prosecutor’s case
  • Analyze and challenge all stop, search and arrest procedures
  • Handle negative media and public opinion

Being convicted of vehicular manslaughter is a serious crime, especially if you have a prior DUI conviction.  As an experienced Pittsburgh DUI defense attorney, I understand that sometimes good people make unfortunate decisions, such as getting behind the wheel of a car while intoxicated.  We work aggressively to help prevent an isolated mistake from determining the course of the rest of your life.  It is important that anyone charged with vehicular manslaughter contact a Pittsburgh DUI attorney specializing in DUI and/or vehicular manslaughter immediately.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues throughout the state of Pennsylvania.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943

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Vehicular Homicide DUI Related vs. Texting While Driving

Wednesday, April 13th, 2011

A person who is involved in a car crash that results in the death of another while intoxicated or driving recklessly in Pennsylvania may be charged with vehicular homicide (also called “vehicular manslaughter”).  There are a number of activities that may lead to a vehicular homicide charge if a person is involved in a fatal Pennsylvania car crash.  The most common basis for vehicular homicide is being involved in a Pennsylvania car accident while driving under the influence of alcohol or drugs (DUI).  However, other reckless driving practices that result in a fatal car crash may also lead to a vehicular homicide charge including speeding, street racing and other reckless driving practices.

If you are involved in a fatal car accident in Pennsylvania while driving recklessly or with gross negligence you may be charged with vehicular homicide for the death of another while engaged in a violation of law or driving under the influence of drugs or alcohol.  Vehicular homicide is a very serious criminal offense and can have long-term consequences that go beyond one’s criminal sentence.  The impact on one’s reputation, family, career and housing may be substantial.

The punishment for vehicular homicide is particularly harsh if the prosecutor is able to establish that you were under the influence of drugs or alcohol when you were involved in a fatal car crash.  A mandatory minimum sentence of three years applies in this situation.  A vehicular manslaughter charge that is based on being under the influence of drugs or alcohol is particularly problematic.  Where a driver causes a car accident, a driver may be charged with vehicular homicide with a blood alcohol level that is no more than .05 or on a first offense.

An emerging type of vehicular homicide may involve texting while driving.  Texting while driving has been referred to by the National Highway Traffic Safety Administration (NHTSA) as the “new drunk driving” because of its serious accident risks.  A number of drivers have been charged for vehicular homicide who were texting at the time they were involved in a fatal car accident.  While it is still unclear whether a Pennsylvania court will go this far, some studies have suggested that texting while driving is even more dangerous than driving under the influence of alcohol and drugs.

If you have been involved in a fatal car accident in Pennsylvania and have been charged with vehicular homicide, the law office of Michael V. Worgul can help.  We diligently defend those charged with vehicular manslaughter.  Michael Worgul, an experienced Pittsburgh DUI lawyer,  will carefully investigate the facts and circumstances of your case so that he can protect your rights and fight for your freedom.  Mr. Worgul offers an initial free no obligation consultation so call us today at 412-475-9217.

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Pittsburgh Woman Sentenced to 3 to 10 Years in Prison for Fatal Drunk Driving Accident in Pittsburgh

Wednesday, February 2nd, 2011

A woman who was involved in a fatal car accident while she was living in Pittsburgh was sentenced to 3 to 10 years in prison after she pled guilty to homicide by vehicle. Elizabeth Adams was driving the wrong way on I-79 in Greene County when she collided head-on with a vehicle driven by Jacob Hively. Hively was pronounced dead at the scene of the fatal accident.

Adams blood alcohol level was 0.164 shortly after the fatal accident which is over twice the legal limit at which a person is presumed to be driving under the influence of alcohol under Pennsylvania DUI law. This was not Adam‘s first DUI. She had just completed her court ordered supervision from a previous driving under the influence conviction shortly before the fatal accident.

A person convicted of Pa. Cons. Stat. Section 3735 Homicide by Vehicle While Driving Under the Influence is guilty of a 2nd degree felony. If a person is convicted of Homicide by Vehicle in Pennsylvania, the person is required to serve a three year mandatory term of imprisonment for each victim who has been killed as a result of the DUI. The sentence is consecutive for each victim which means if three people are killed in the crash, the mandatory minimum sentence is nine years.

The prosecutor must prove three elements (facts) beyond a reasonable doubt to prove Homicide by Vehicle While Driving Under the Influence:

1. Driving under the influence of drugs or alcohol

2. Death of someone in the accident

3. Impaired driving caused the accident which resulted in death

If you have been involved in a car accident that resulted in serious injury or death to another person, you should seek immediate legal advice from an experienced Pennsylvania criminal defense attorney. An experienced criminal defense attorney will carefully investigate the accident including challenging evidence that you were intoxicated as well as the contention that impaired driving caused the fatal accident. Prosecutors are extremely zealous in their handling of DUI cases involving serious injury or death. It is very important to get an experienced Pittsburgh DUI defense attorney as soon as possible if you are involved in a fatal alcohol related accident.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options available under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943

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