In the U.S., it is illegal to drive with a blood alcohol content of 0.08% or above. In a case involving 51-year-old S.W. of Torrance, she was found to have a blood alcohol content of over twice this amount.
She was driving at 11:25 p.m. on Torrance Boulevard when she struck a pedestrian, 31-year-old P.M. also from the area. Rather than slow down and check on the man, she instead kept driving. What makes this case even more chilling is the fact that she continued driving with the victim still on the hood of her car. Authorities have stated that the man was embedded in her windshield and that she drove for 2.3 miles with him in this condition.
S.W. finally pulled over when people who saw her driving with the man on her car convinced her to stop. The victim was taken to the hospital, but he died from the accident. Now, S.W. is not only facing charges ofdrunk driving, but ofmanslaughter as well.
California Penal Code §191.5 (2011) gives information regarding these types of charges. Gross vehicular manslaughter while intoxicated charges can be brought against someone who killed a victim without malice aforethought. This crime does, however, include gross negligence.
If you have been accused of driving under the influence of alcohol, whether it resulted in injury to another or not, you should contact a legal representative as soon as possible. Even if your case appears to be hopeless, you need to be aware of the fact that there are ways to challenge the charges which have been brought against you.