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Felony DUI and Manslaughter Charges for Gilroy Kid

Posted on in DUI

Felony DUI (driving under the influence) and felony manslaughter charges have been filed against a 23 year old resident of Gilroy, California. Anthony Imbronone was driving his 1997 Ford Mustang with four other passengers when he lost control and ran the vehicle into a drainage ditch. According to the Mercury News, all four passengers were killed as a result of the accident.

DUI related vehicular manslaughter may be committed with gross negligence or without gross negligence. Gross vehicular manslaughter is a felony offense and carriers a prison term of four (4), six (6) or ten (10) years in the state penitentiary and loss of driving privileges. DUI related vehicular manslaughter without gross negligence is an alternative offense (or a wobbler in legal parlance) which can be charged as a misdemeanor, punishable up to one year in county jail or as a felony punishable up to three (3) years in state prison. A DUI related death can be charged as murder, if the offender has a prior DUI and was properly advised that a subsequent offense could be charged as murder if someone dies as a result of the drunk driving. This is referred to the Watson-Murder advisement.

Of course it must be shown that the driver was “under the influence” at the time of the accident. In the Gilroy case there is no report of what the defendant's blood alcohol was, but even without alcohol, he could still be charged with non-DUI vehicular manslaughter. Mr. Imbronone remains in custody at the Santa Clara County Jail with bail set at $250,000.

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