Charges
When faced with a felony Bakersfield DUI, you can be charged in three ways if an injury or death has been the result.
Vehicular homicide is charged when the death is a result of ordinary negligence. This can be charged as a misdemeanor or a felony.
Manslaughter with gross negligence is charged when the death is a result of criminal negligence, which means that the driver had the knowledge that his or her actions were likely to result in death.
Second degree murder is charged when the death occurs and the person who was drinking and driving acted with implied malice or a conscious disregard for life. This charge is less common, but can occur when the defendant has prior convictions and those can be used to show that the driver was aware of the dangers of drinking and driving.
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