Two women were arrested this week following a fatal car accident outside Sacramento, California. One of the women was driving a BMW and crashed into a tree, killing the backseat passenger. The driver and front seat passenger fled the scene, leaving the backseat passenger behind. The women, who are both twenty (20) years old, were caught shortly after. The driver is currently facing charges for Vehicular Manslaughter and Leaving the Scene of an Accident. The front seat passenger is facing Conspiracy charges. Police believe both speed and alcohol were factors in the accident and are continuing to investigate.
In Nevada, a conviction for Driving under the Influence Causing Death or Substantial Bodily Harm results in a mandatory prison sentence of up to twenty (20) years and a fine of up to $5,000.00. NRS 484C.430. The Clark County District Attorney"s Office routinely requests bail of $1,000,000.00 per fatality in DUI-Death cases.
Leaving the Scene of an Accident involving Death or Personal Injury is also a Felony and is punishable by up to fifteen (15) years in prison and an additional $5,000.00 fine. NRS 484E.010. If convicted on both DUI-Death and Leaving the Scene of an Accident involving Death charges, it is up to the judge to determine whether the sentences should run concurrently (at the same time) or consecutively (one after the other - meaning you have to serve the first sentence and then you can start serving the second sentence).
Conspiracy charges are unusual under these circumstances. In Nevada, a Conspiracy is an agreement between two or more people to commit an unlawful act. NRS 199.480. The agreement does not need to be based on words. Prosecutors have been known to charge a conspiracy based on a look, a wink, a nod or certain actions such as going to the crime scene together and/or leaving a crime scene together, or co-defendants seeming to commit an offense in a coordinated fashion. Because intoxication can be a defense to the charge, it is uncommon for prosecutors to charge Conspiracy in DUI cases.
If you or someone you know is charged with DUI or Conspiracy, it is important that you contact a Las Vegas Criminal Defense Attorney right away. If that person is charged with DUI Causing Death or Substantial Bodily Harm and/or Leaving the Scene of an Accident involving Death or Injury, it is imperative that you contact a Las Vegas Criminal Defense Lawyer immediately. A Las Vegas Criminal Defense Lawyer can assist you in analyzing the facts of your case, identifying appropriate defenses, seeking reasonable bail and providing you with the most effective defense strategy possible.