Gross Vehicular Manslaughter

Hit-And-Run in San Jose Ends with Death of Motorcyclist (CA Penal Code §191.5(b))

The yet unidentified driver of a Lexus attempted to flee the scene at the 1400 block of White Road before being caught by local law enforcement.  The incident also involved a motorcyclist, who was pronounced dead at the scene.  To complicate matters, the driver of the Lexus was charged with not only vehicular manslaughter, but also driving under the influence and hit-and-run. At first glance, this case may seem cut and dry – most people would assume that if the driver of the Lexus was accused of a DUI, then they must have been at fault.  Yet, it is the consequences...

Continue reading

Woman Hospitalized After Bayview District Hit-And-Run (CA Vehicle Code §20002)

An unnamed woman (59) sustained serious injuries after a hit-and-run on Third Street close to Revere Avenue in the Bayview neighborhood.  Local law enforcement officials are still looking for the driver of a dark sedan that drove away after the incident.  The woman who was hit was immediately sent to San Francisco General Hospital where she was treated for internal injuries; her current status is unknown. Under California law, a person may be charged with either misdemeanor hit-and-run or felony hit-and run (CA Vehicle Code §20002).  In order to be accused of a misdemeanor hit-and-run, you must have left the scene...

Continue reading

DUI with Fatalities Leads to Conviction of UC Berkeley Grad Student (CA Penal Code §191.5)

25-year-old UC Berkeley graduate student, Jose Lumbreras, was speeding through a residential area near Allston Way and California Street when he crashed into a tree last year, killing his two passengers: Milanca Lopez (22) and her son (6-year-old Xavier Chavez).  At the scene, Lumbreras’s blood alcohol content was 0.219 and he had been driving at least 64 miles per hour.  Lumbreras was recently sentenced to 6 years on state prison on charges of gross vehicular manslaughter while intoxicated. Lumbreras will most likely never finish his graduate degree in ethnic studies. CA Penal Code §191.5 covers vehicular manslaughter while intoxicated. When an individual has...

Continue reading

ARREST RESULTS ON SUSPICION OF DUI DOWN FROM LAST MEMORIAL WEEKEND (CA Penal Code §23152)

Memorial Day weekend is a time for barbeques, spending time with family and friends, and taking time out of our busy schedules in order to remember those who have fought for our country.  The California Highway Patrol, however, looks at it as a time of increased arrests for DUI (CA Penal Code §23152), as numbers for this type of arrest usually go up around holidays such as this.  However, despite one crash in San Mateo County at a Hillside Boulevard cemetery that ended the lives of three people, DUI arrests were down this year.  Of course, the number only went...

Continue reading

Penal Code 191.5 Gross Vehicular Manslaughter Charges Filed in Daly City

28-year old Denis Pereirade-Macdeo had a blood alcohol content (BAC) of 0.18%  (the legal limit is 0.08) the night he made a U-turn on Eastmoor Avenue in his BMW and hit a Toyota Tercel carrying a mother (50-year-old Osorio Acevedo), her two sons (Amado Osorio Acevedo, 23, and Josue Osorio, 15), and her eldest son’s girlfriend (20-year-old Sara Sangraw).  Mother and sons were killed while Sangraw is listed as critically injured.  Pereirade-Macedo was not injured at all and has been charged with charges of 3 counts of gross vehicular manslaughter, 2 counts of DUI, and 1 count of misdemeanor hit...

Continue reading