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manslaughter Tag

27 December
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Murder v. Manslaughter in Oklahoma DUI Cases

Posted by Clint
in Blog
Murder v. Manslaughter in Oklahoma DUI Cases

Oklahomans charged with DUI after seriously hurting or killing someone while driving may wonder about the charges against them. Drivers may be charged with first degree manslaughter in DUI cases, and it is different than a murder charge. What Is Murder Under the Law? Murder (or as lawyers call it, homicide) involves “malice aforethought”. This means that a person who killed another person had the intent to seriously harm or kill, or had an extreme and reckless disregard for life. Drunk drivers or drivers under the influence of drugs are not charged with murder very often, usually because it is hard...

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11 October
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Can a Drunk Driver Face Homicide Charges?

Posted by Clint
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Can a Drunk Driver Face Homicide Charges?

A drunk driver in Oklahoma can face homicide charges if his driving under the influence results in the death of another person. Many drivers who injure or kill others while under the influence of drugs or alcohol face manslaughter charges rather than homicide charges. Manslaughter charges require the prosecutor to prove different, and less demanding, requirements than homicide does. Unlike manslaughter, homicide requires a showing of intent. Usually, driver charged with homicide face second-degree murder or felony murder charges, not first-degree murder. First-degree murder is premeditated (“with malice aforethought”) and intentional or else the death occurs under one of the following...

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21 August
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Oklahoma’s Penalties for Repeat DUI Offenders

Posted by Clint
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Oklahoma's Penalties for Repeat DUI Offenders

Repeat DUI offenders face additional penalties and prison time in Oklahoma. A second or third offense can result in many years in prison along with treatment and community service. See 47 O.S. § 11-902. This article explains what you can expect. Second Offense                        If you commit a second DUI within 10 years of completing a previous DUI sentence or while you are on probation, you will be charged with a felony and may face one to five years in prison, a $2,500 fine, substance abuse assessment and evaluation, and/or driver’s license revocation. If your previous DUI was within five years, your...

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21 July
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DUI Manslaughter: The Consequences

Posted by Clint
in Blog
DUI Manslaughter: The Consequences

There is no way around it – killing another person while driving is a very serious crime. If you are in the difficult position of being arrested after hitting someone with your car, you are probably scared about the road ahead. Learning about the charges and sentence you may face should be one of your first steps. In Oklahoma, if you were allegedly driving while intoxicated when you caused the death of another person, you will most likely be charged with first degree manslaughter in addition to DUI charges. Another possible charge is negligent homicide, which requires the prosecutor to show...

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17 July
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Car Accidents and Alcohol: The Legal Consequences

Posted by rainmakeradmin
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Car Accidents and Alcohol: The Legal Consequences

Many DUI drivers are pulled over without getting involved in an accident. But others cause or are part of serious accidents involving other cars, pedestrians, or property. The legal consequences of these accidents are greater than just a DUI arrest, especially if other people were injured. Drivers under the influence can be charged with crimes beyond DUI or DWI, such as manslaughter, murder, or other crimes. Often the possible sentences for these crimes are much more severe than for a DUI. Drivers who destroy property in an accident may face charges or civil actions as well. In Oklahoma, causing the death of...

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