DUI with Injury

Hinkle, Jachimowicz, Pointer & Emanuel

California DUI with Injury Attorneys

DUI • DUI with Injury • Vehicular Manslaughter

Our Lawyers Have 100 Years of Combined Experience in the San Jose Bay Area

At the law offices of Hinkle, Jachimowicz, Pointer & Emanuel, located in San Jose, California, our goal is vigorously to defend Californians who have been charged or accused of DUI and other criminal offenses.

What is a felony DUI?

A felony DUI usually involves an accident in which the driver suspected of driving under the influence, injures another person in the accident. The person injured may be in the driver’s own car, a pedestrian, or a passenger in another car. A felony DUI with injury is extremely serious. The penalty for DUI with one injury, ranges from 90 days to one year in the county jail or 16 months, 2 or 3 years in prison. For each additional injured party, one additional year in the state prison may be added. The District Attorney must prove, however, not only that the driver being charged was intoxicated, but must also prove that the driver was a cause of the injury. For instance, a driver who is intoxicated that is rear ended by another car may not be a cause of any injuries suffered in the accident.

DUI resulting in death

A DUI death case is even more serious when, it results in a death. It is even more serious still when the arrested party has prior DUIs. Often, our attorneys' approach in these matters must be two pronged. First, we must seek to prove that our client was not intoxicated beyond the legal definition of intoxication, and also prove that he was not a legal cause of the injury. For safety in sentencing however, we always suggest to our clients that they seek in-patient alcohol treatment whenever a DUI with injury is charged. This sort of treatment can be absolutely critical in terms of avoiding high bail, and in getting all possible consideration from the court should the client actually be found to be intoxicated and the legal cause of the accident. Often, investigators and accident reconstructionists are deployed to look for all possible evidence that the driver is not a legal cause of the accident. (Just being intoxicated is not a "legal cause of the injury or death"). A driver with a previous DUI conviction(s) will usually be charged with murder and could face a lengthy prison sentence or life in prison.

Should you or someone you know be involved in an accident involving alcohol or drugs, you should immediately contact the San Jose Felony DUI Attorneys at Hinkle, Jachimowicz, Pointer & Emanuel. Call John Hinkle immediately to set up a free consultation to discuss these cases.

Driving With Gross Negligence Involving a Death

Should the police and prosecutor conclude that a driver was grossly negligent, a felony manslaughter charge would, usually be made. This is true whether or not alcohol or drugs are involved. The sentencing for one death in this type of vehicular manslaughter can easily result in a serious state prison commitment. It is in these types of cases that the driver being charged needs the expertise of experienced felony vehicular manslaughter attorneys. At Hinkle, Jachimowicz, Pointer & Emanuel, we have handled all types of manslaughter cases involving reckless driving, driving under the influence or even simple negligence. If this happens to you or someone you love, you will need an immediate consultation to discuss options to avoid jail or prison.

Misdemeanor Vehicular Manslaughter

A misdemeanor version of vehicular manslaughter is charged when a death occurs as a result of a simple driving infraction not amounting to gross negligence and not involving drugs or alcohol. The maximum sentence for misdemeanor vehicular manslaughter is one year in the county jail, but immediate intervention is needed to determine all possible causes of the accident other than the negligence of the client. Our firm utilizes the finest private investigators and accident reconstructionists as well as experts in biomechanics if necessary to determine that our client’s fault is minimal if indeed, there is any fault at all.

For more than 30 years, our firm has protected people charged with vehicular manslaughter in its several forms. We have the expertise and court room savvy to protect our clients from, being unfairly prosecuted or punished too severely for the facts presented in the case.

Contact our San Jose or Santa Clara County DUI defense attorneys to schedule a consultation.