Recent Posts in Vehicular Manslaughter Category
Posted on Aug 18, 2011 By Christine McGuire
Regarding vehicle liability insurance changes On January 1, 2006 all insurance companies were required to report insurance status to DMV for all private use vehicles. As of July 1, 2006 law ...
Continue reading "Car Insurance and vehicle code violations" »
Posted on Aug 17, 2011 By Christine McGuire
The law does not impose a duty on the district attorney to collect evidence that might benefit the defense. Once evidence however is collected due process imposes on the prosecution a duty to preserve ...
Continue reading "Duty to Preserve Favorable Evidence (Trombetta Youngblood Motion" »
Posted on Aug 8, 2011 By Christine McGuire
The dismissal of a case pursuant to Penal Code Section 995 terminates the criminal action. Thus, when charges are refiled by the prosecutor after a Section 995 dismissal, the refiled charges ...
Continue reading "When the Two Dismissal Rule Applies" »
Posted on Aug 1, 2011 By Christine McGuire
VC 22405(a) provides that no person shall drive a vehicle on any bridge, elevated structure, tube or tunnel constituting a part of a highway at a speed that is greater than the maximum speed that can ...
Continue reading "Speeding on Bridges, Tunnels and Overpasses" »
Posted on Mar 15, 2011 By Christine McGuire
California prosecutors can charge motorists with second degree murder or vehicular manslaughter. A killing may amount to second degree murder if the driver acted with malice. A court may infer implied ...
Continue reading "Second Degree Murder" »
Posted on Mar 12, 2011 By Christine McGuire
A person who is being investigated for driving a vehicle under the influence of alcohol or drugs ( DUI ) is offered an opportunity to provide to law enforcement a sample of his or her breath in the ...
Continue reading "PAS Test" »
Posted on Feb 20, 2011 By Christine McGuire
California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence or driving a vehicle ...
Continue reading "Vehicular Manslaughter" »
Posted on Feb 14, 2011 By Christine McGuire
The National Highway Traffic Safety Administration also known as NHTSA has approved 126 mobile evidential breath measurement devices as of March 2010. Over 350 law enforcement agencies throughout ...
Continue reading "Mobile Evidential Breath Measurement Devices in DUI Investigations" »
Posted on Feb 12, 2011 By Christine McGuire
The Senior Ombudsman Program consists of five staff across the state available to assist senior drivers. The DMV Senior Ombudsman are located at the San Francisco/Oakland office at 510- 563- 8998, the ...
Continue reading "Senior Ombudsman Program" »
Posted on Feb 10, 2011 By Christine McGuire
The 6th District Court of Appeal in San Jose overturned a vehicular manslaughter conviction concluding that the prosecution relied on electronic data from the defendant's car that was seized ...
Continue reading "Electronic Data From Vehicles" »
Posted on Dec 4, 2010 By Christine McGuire
It is a rule of criminal law that a criminal conviction requires independent proof of the corpus delicti. In a misdemeanor DUI case for instance where the person is no longer in the car but admitted ...
Continue reading "Corpus Delicti and DUI Cases" »
Posted on Nov 13, 2010 By Christine McGuire
The Santa Cruz County Main Jail is located at 259 Water Street in the city of Santa Cruz. The Mail Jail is Santa Cruz County's only detention facility providing maximum security units. The State of ...
Continue reading "Arrests and the Santa Cruz County Jail" »
Posted on Nov 12, 2010 By Christine McGuire
Santa Cruz County's only booking facility for misdemeanors such as DUI s or Domestic Violence or felonies such as Vehicular Manslaughter or Sexual Crimes is located at the Main Jail in Santa Cruz. All ...
Continue reading "What To Expect At Booking at the Santa Cruz County Main Jail " »
Posted on Nov 11, 2010 By Christine McGuire
At commencement of the booking process for a misdemeanor such as a DUI or Domestic Violence or a felony such as Vehicular Manslaughter or Sex Crimes at the Santa Cruz County Main Jail all personal ...
Continue reading "The Booking Process at the Main Jail in Santa Cruz County" »
Posted on Oct 7, 2010 By Christine McGuire
Drivers arrested for misdemeanor or felony driving under the influence also known as DUI or DUI With Injury are required by law to submit to a chemical test to determine the alcohol and/or drug ...
Continue reading "Driving Under the Influence, Chemical Tests and Refusals" »