Vehicular Manslaughter DUI and Multiple DUI Convictions
The implications of driving under the influence of drugs or alcohol can reach far and wide. Multiple DUI convictions can lead to enhanced punishment while the danger of not being in control of your senses can get innocent bystanders killed and land you in jail for a long time.
Such were the cases of Jay H. Noffsinger and Michael Velardocchia. Noffsinger, 47, was charged with past week with a felony driving under the influence offense in Ravalli County, Montana. Noffsinger had been arrested on Sunday, April 26th, after county 911 dispatchers received reports of his erratic driving. A Montana Highway Patrol Trooper noticed a strong odor or alcohol in Noffsinger's car when he pulled him over and found an open 24 ounce container of beer in the car. Noffsinger refused to participate in the field sobriety tests that were requested by the trooper and he was then arrested.
Noffsinger has had five prior DUI convictions in three different cities in Montana. While Montana sentencing for DUI convictions may be different, in California, multiple DUI convictions leads to enhanced penalties. For most people, the first DUI conviction would be classified as a misdemeanor offense and punished by fines, probation and potentially up to one year in a county jail. In Noffsinger's case,
four or more DUI convictions in a 10-year period would be punishable by fines, probation, license suspension for up to four years, and 6 months to three years in either a county jail or state prison. Driving under the influence of drugs or alcohol is a very serious crime and California laws penalize it severely.
Driving under the influence is so dangerous, in fact, that people frequently die as a consequence. Michael Velardocchia, 23, of Florida was sentenced to eight years in prison followed by 10 years of probation yesterday stemming from a 2007 incident involving DUI vehicular manslaughter. Velardocchia was reportedly driving under the influence on February 21, 2007 when he hit a pedestrian. Valardocchia's Ford Expedition overturned before he ran from the scene. Police caught him shortly thereafter with the help of a canine unit. Velardocchia pleaded guilty last week to
DUI-Manslaughter and leaving the scene of an accident involving death.
In Los Angeles, causing the death of another person, even while under the influence of drugs or alcohol, is also classified as a DUI Manslaughter and is charged as a felony offense. A typical
DUI Manslaughter conviction can land you in jail for up to four years, or, if gross negligence or extreme recklessness is proven, up to 10 years in a state prison may be handed down as punishment, in addition to long periods of probation and a criminal record that can limit your choices of career and employment.
Driving under the influence charges can have serious, life-altering consequences. Do not go through the legal process alone. Call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to see what your options are. Their combined 50 years of courtroom experience will fight hard for you.