Speak To Attorney Now
(707) 422-1202
SPEAK TO ATTORNEY NOW(707) 422-1202
Speak To Attorney Now
(707) 422-1202 SPEAK TO ATTORNEY NOW(707) 422-1202
Sacramento criminal defense attorney Dione Choyce talks with Mike Duffy of ABC News 10 about the Death of George Floyd Trial.
If you have been issued a citation, charged a DUI or another criminal offense your liberty, your name and your reputation are at stake. It is important that you consult with an experienced Sacramento criminal defense attorney at The Choyce Law Firm as soon as possible.
Call our firm at (916) 306-0636 today for a FREE consultation with our experienced criminal defense attorneys.
The Choyce Law Firm
1438 Del Paso Blvd
Sacramento, CA 95815
(916) 306-0636
This is my second time hiring Mr. Choyce for my son, who was charged with a criminal act. Both times that I hired Mr. Choyce, I was very impressed with his knowledge of the law, his professionalism, and the fact that he was relatable. He is trustworthy, tells you the truth about what you are facing. He is organized, he is a very good listener, came up with strategies that were appealing.I can’t say enough good about Mr. Choyce! I knew that he was going to give my son’s case everything he had, and he did!
Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.
“This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”
It is no secret that driving under the influence of alcohol or any other intoxicating substance is illegal. Generally, if you get caught driving under the influence of alcohol, you may be charged pursuant to Vehicle Code section 23152(a) VC, and driving with a blood alcohol concentration (BAC) of 0.08% or higher per Vehicle Code section 23152(b) VC.
So the question arises, whether you can still get a DUI conviction of you get caught driving Tesla in autopilot mode. Some may argue that the autopilot is engaged and the intoxicated individual is technically not driving the vehicle. However, this argument fails.
Most recently, on December 1, 2018, the California Highway Patrol arrested a man who fell asleep behind the wheel of his Tesla Model S while the car was driving down the road in autopilot mode. The arresting officer was having hard time pulling the vehicle over because the driving was passed out and under the influence. CHP officer managed to stop the self-driving Tesla by pulling in front of it and slowing down. The Tesla vehicle slowed and came to a stop. Officers were able to wake the drive and place him under arrest.
Further, there are other instance of drivers operating their Tesla vehicles in autopilot mode while drunk. In August 2018 a California man was arrested for driving under the influence after he crashed into a San Jose fire truck while driving in autopilot mode. Also, in early 2018, another driver was arrested on the same charge after passing out in his Tesla vehicle while it drove in autopilot mode across the San Francisco–Oakland Bay Bridge.
Though Tesla claims that its self-driving technology operates at a “safety level substantially greater than that of a human driver” it continues to instructs drivers to keep their hands on the wheel at all times in autopilot mode. The law also will hold you criminally guilty and civilly liable for driving drunk, even in autopilot mode.
Eventually, technology may advance to the point where we will rely on autopilots exclusively, and the law will surely adjust to the changing times; however, it is not that time yet.
Be safe! Do not drink and drive!
California law enforcement has been cracking down on DUI’s. Being convicted of a DUI can have serious implications on your life. The Choyce Law Firm is dedicated to fight your case and ensure any consequences are minimized if you are under the age of 21. Give us a call at (916) 306-0636 to speak to a Sacramento criminal attorney.
If you have been issued a citation, charged a DUI or another criminal offense your liberty, your name and your reputation are at stake. It is important that you consult with an experienced Sacramento criminal attorney at The Choyce Law Firm as soon as possible.
Call our firm at (916) 306-0636 today for a FREE consultation with our experienced Sacramento criminal attorney.
The Choyce Law Firm
1438 Del Paso Blvd
Sacramento, CA 95815
(916) 306-0636
This is my second time hiring Mr. Choyce for my son, who was charged with a criminal act. Both times that I hired Mr. Choyce, I was very impressed with his knowledge of the law, his professionalism, and the fact that he was relatable. He is trustworthy, tells you the truth about what you are facing. He is organized, he is a very good listener, came up with strategies that were appealing.I can’t say enough good about Mr. Choyce! I knew that he was going to give my son’s case everything he had, and he did!
Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.
“This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”
In California, as in most states, the crime of homicide is classified in various ways. Each classification has specific elements that define the crime. As with all criminal statutes, if a person accused of a crime has not been proven to have committed each specific element of that crime beyond a reasonable doubt, then the accused cannot be found guilty of the offense.
The distinctions between different types of homicide usually have to do with the “mens rea” — or state of mind—element involved in the crime, although other factors can also distinguish one homicide crime from another. For example, traditionally, first degree murder is a homicide in which the perpetrator carries out the murder with “malice aforethought” — or, with the cold-hearted and explicit and premeditated intent of causing death to the victim.
If you are changed with a crime in Solano County, you need an experienced criminal defense legal team on your site. Contact a Fairfield criminal attorney for consultation about your case.
In contrast, the term “manslaughter” is distinguished from murder because the intent element does not require the specific intent to cause death.
Traditionally, “voluntary” manslaughter is when an individual is gravely provoked in such a way as to induce a violent reaction, and ends up killing another human being “in the heat of passion,” rather than after any “cooling off” period in which that person should be able to regain his composure.
For “involuntary” manslaughter, however, a mindset of “recklessness,” “abandonment,” or “gross negligence” is sufficient to define the “mens rea” of the crime. That is, if one person kills another not out of any intent or desire to cause harm, but simply as a result of acting in a manner that is heedless of the likelihood of causing harm or death, the requisite state of mind element is met for manslaughter.
Vehicular manslaughter falls into the category of “involuntary manslaughter.” Manslaughter does not lie every time an individual is killed in an automobile accident; sometimes, vehicle accidents in which people are killed truly are truly accidents, and no crime is committed.
However, if a driver operates his or her vehicle—whether it’s an automobile, boat, motorcycle, or any other vehicle—in a reckless or grossly negligent way, and that conduct results in the death of another human being, they may be facing criminal charges for manslaughter.
California Penal Code Sections 191.5 and 192 are California’s vehicular manslaughter statutes. They can be a bit confusing to decipher, but essentially vehicular manslaughter is classified into three types:
“Gross vehicular manslaughter while intoxicated” is when the driver of a vehicle ends up killing a human being in the course of and as a result of driving while intoxicated beyond legal limits as defined by specific portions of the California Vehicle Code (which are misdemeanors), and with gross negligence. “Gross negligence” implies extreme carelessness, without any regard for the consequences or the welfare of others. Gross vehicular manslaughter is punishable by up to 10 years in prison.
“Vehicular manslaughter while intoxicated” is when the driver of a vehicle kills of a human being in the course of and as a result of committing any of the same misdemeanors dealing with intoxication, but without gross negligence. Vehicular manslaughter while intoxicated is punishable by up to four years in prison, depending upon the circumstances, but normally the sentence is less than one year in a county jail.
An example of the distinction between “gross vehicular manslaughter while intoxicated” and “vehicular manslaughter while intoxicated” would be if, in the first case, a driver is so intoxicated or high on drugs that they cross over a highway divider at a high rate of speed and slam head-on into an oncoming car, and, in the second case, if they are driving over the legal speed limit, and the accident happens because they failed to react in a timely and responsible manner to a normal traffic situation, such as a light turning red.
“Vehicular manslaughter” not involving alcohol or drugs is the killing of a human being while operating a vehicle in the course of and as a result of: a) committing an unlawful misdemeanor other than being under the influence; b) driving dangerously; or c) intentionally causing an accident to achieve financial gain (such as collecting funds from an insurance policy).
California’s vehicular manslaughter statutes also provide that persons convicted of gross vehicular homicide while intoxicated, and who have previously been convicted of this or other specified crimes, can face a sentence of 15 years to life. In addition, if a driver’s conduct amounts to extreme “wantonness” or with a blatant disregard for the risk to human life, a prosecutor can assert that the driver’s “mens rea” amounts to “implied malice,” such that the individual can be charged with murder, rather than manslaughter. A conviction for murder in California carries a minimum sentence of 15 years to life.
As explained above, if you are charged with vehicular manslaughter in California, depending upon the facts of your case, you may be facing an extended period in prison. This means that it matters a great deal which specific crime you are charged with—and it matters whom you hire as your criminal attorney to represent you.
Fairfield criminal lawyer at our firm has extensive experience representing clients charged with vehicular manslaughter, and we will fight aggressively to preserve your rights and to preserve your freedom. Remember: for a defendant to be found guilty of a crime, every element of the crime must be shown and proved beyond a reasonable doubt. Our job is to find the weaknesses and gaps in the prosecution’s case, and to provide evidence that supports our client’s position so that the prosecution cannot prove its case. When we get to work for you, we may be able to get charges reduced or even dismissed, and, if we go to trial, you can be sure we will do our utmost to undermine the prosecution’s ability to meet its burden of proof in your case.
If you need Fairfield criminal lawyer to represent you in a vehicular manslaughter case, call The Choice Law Firm. Call (707) 422-1202 or you may use the online form right here on this website. Contact us today for a consultation.
This is my second time hiring Mr. Choyce for my son, who was charged with a criminal act. Both times that I hired Mr. Choyce, I was very impressed with his knowledge of the law, his professionalism, and the fact that he was relatable. He is trustworthy, tells you the truth about what you are facing. He is organized, he is a very good listener, came up with strategies that were appealing.I can’t say enough good about Mr. Choyce! I knew that he was going to give my son’s case everything he had, and he did!
Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.
“This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”