Huntington Beach, Orange County - A San Diego woman was arrested Thursday for a Huntington Beach vehicular manslaughter with gross negligence after authorities allege she was text messaging while driving and not paying attention, which she hit a car, killing the driver of that car last year on the 405 freeway.
Jorene Nicolas, 29 was so distracted while driving that she didn't even realize traffic had come to a complete stop on the freeway, according to Huntington Beach Police.
It's very important to remember that authorities are only alleging the suspect was text messaging while driving, but however so far there hasn't been much evidence shown that supports she was text messaging while driving that caused this accident, says Huntington Beach criminal attorney Michael L. Guisti.
This very well could have been just an unfortunate accident, but with the state cracking down on text messaging while driving there is a very good chance prosecutors are going to use her case "to make an example out of her," which is why she needs a good defense attorney, says Guisti.
Since there were no alcohol or drugs involved the suspect will be charged with Penal Code 192(c) Vehicular Manslaughter, which is when a person drives in an unlawful way or drives in a lawful, but dangerous way, which texting while driving falls under, explains Guisti.
Now if the suspect was drinking alcohol or taking drugs and was DUI or DUI-Drugs she would be charged under California's vehicular manslaughter while intoxicated law, says Guisti.
Now PC 192(c) vehicular manslaughter is a "wobblier," which means it can be charged either as a misdemeanor or felony, and prosecutors are charging this woman with a felony, says Guisti.
In deciding whether or not to charge a suspect with a misdemeanor or felony the district attorney will look at your case and criminal history, says Guisti.
If convicted the suspect faces up to six years in prison.
Accidents happen all the time on our freeways and streets, and sometimes what is an unfortunate accident police will claim is a more serious crime that could send you to prison, which is why you need to call the Orange County vehicular manslaughter attorney experts at the Law Offices of Michael L. Guisti.
Our legal experts will bring in accident reconstruction experts to show this was just an accident and nothing more, and using such experts is the reason our clients are freed of these charges in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.
So please, call us now.
