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Fatal Crash Leads to DUI & Involuntary Manslaughter Charges for Ashburn Man

DUI16

An Ashburn man faces criminal charges for driving under the influence (DUI) and involuntary manslaughter after causing a fatal crash, according to an article by the Loudoun Times-Mirror.

The authorities issued formal charges this December after completing an investigation into the November 16th accident. At approximately 2 a.m. on that date, the Ashburn man was driving on Ashburn Farm Parkway with a female passenger.

At some point between Summerwood Circle and Starflower Way, the vehicle began to drift off the road. Then the vehicle went airborne, smashed into a utility pole, and careened into a fence.

The force of the collision ejected both the Ashburn man and the female passenger from the vehicle. The Ashburn man survived the accident. The female passenger was not as fortunate. First responders pronounced her dead at the scene of the accident.

Presently, the Ashburn man remains in custody without bond at the Loudoun County Adult Detention Center. While his legal case continues to develop, it feels like a suitable occasion to review Virginia penalties for DUI and involuntary manslaughter.

How Does Virginia Penalize DUI?

Code of Virginia Section 18.2-266 makes it illegal to operate a motor vehicle while under the influence of alcohol or drugs. Any person who violates this section by committing DUI is subject to the penalties below.

Code of Virginia Section 18.2-270 establishes a multifaceted punishment structure for DUI offenses. Depending on the facts of the case, a DUI offender can face a variety of mandatory minimum penalties. But generally speaking, Virginia penalizes DUI offenders as follows:

  • First or Second Offense — Leads to Class 1 misdemeanor charges, which typically feature a maximum sentence of 12 months in county jail and $2,500 in fines.
  • Third or Subsequent Offense — Leads to Class 6 felony charges, which typically feature a maximum sentence of 60 months in prison and $2,500 in fines.

Code of Virginia Section 18.2-271 institutes a separate penalty for DUI offenders. Under this section, any person convicted for DUI in Virginia will have their driver’s license suspended. The suspension period can vary from 12 to 36 months. Though certain repeat offenders can experience permanent revocation of driving privileges.

How Does Virginia Penalize Involuntary Manslaughter?

Code of Virginia Section 18.2-36.1 makes it illegal to commit DUI and cause the death of another person at the same time. This is referred to legally as involuntary manslaughter. Section 36.1 mandates permanent revocation of driving privileges for any person convicted of involuntary manslaughter.

Additionally, Code of Virginia Section 18.2-36.1 categorizes involuntary manslaughter as a Class 5 felony. If convicted for this class of felony, the maximum sentence includes 10 years in prison and $2,500 in fines.

Let Us Help You Today

If you have legal questions about Virginia charges for DUI or involuntary manslaughter, it can be thoroughly productive to consult with an established criminal defense attorney. The Leesburg DUI & DWI attorneys at Simms Showers LLP feature validated credentials in the practice of criminal defense, with proven knowledge in matters of DUI and involuntary manslaughter. If you need legal help with criminal defense, contact us today for a free initial consultation.

Resource:

loudountimes.com/news/ashburn-man-charged-with-involuntary-manslaughter-dui/article_3891c0be-1da3-11ea-909a-e3a2c78c1cbf.html

https://www.simmsshowerslaw.com/virginia-man-faces-criminal-charges-for-repeat-dui-test-refusal/

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