A recent crash that occurred in the 4800 block of Providence Road, near Newmarket Drive, resulted in the death of two women. The accident occurred on Sunday, March 3, 2019, at around 3:30 a.m.
When police arrived on the scene, they approached a Toyota sedan which had been involved in the accident. There was a driver and two passengers. One of the passengers, Felicia N. Parrish of Virginia Beach, had already died as a result of her injuries. The driver of the Toyota sedan was taken to a local hospital where she was treated for only minor injuries. The other passenger, 20-year old Kimberly Stewart, was also taken to a hospital but died a few days later as a result of her injuries.
The second car, a Chevrolet sport-utility vehicle, involved in the accident was driven by Caytlin K. Emmett-Wallace of Virginia Beach. She was taken to the hospital for minor injuries and was detained further for questioning about her role in the crash.
Emmett-Wallace is accused of and charged with driving under the influence, involuntary manslaughter-vehicle related, and maiming as a result of driving under the influence.
DUI-Related Involuntary Manslaughter
Involuntary manslaughter as the result of a DUI charge is an incredibly serious charge and one that comes with significant penalties. The crime is found in Virginia Code § 18.2-36.1. A person is guilty of DUI involuntary manslaughter if as a result of driving under the influence the person unintentionally causes the death of another person.
Penalties for The Offense
The specific consequences and conviction depend on the unique facts of your case. The offense is a Class 5 felony in Virginia, and the possible penalties include the following.
A sentence of one to ten years in prison.
A possible fine of up to $2,500.00.
Seizure and forfeiture of the vehicle used in the commission of the offense.
The addition of six demerit points to your Virginia driving record.
Indefinite suspension of your driver's license.
While these are the possibilities, the actual sentence you may be given is based on the unique circumstances of your case. With the help of an experienced attorney, there are arguments and defenses which can be raised to ensure that, even if convicted, your rights are protected throughout the process.
Defending Your Case
To defend your case and protect your rights, your Virginia DUI attorney can raise legal defenses on your behalf. These defenses may reduce your charges, or even lead to dismissal of all charges. They include but are not limited to the following.
You were not under the influence at the time of the accident.
You were not the cause of the accident.
Another person's actions were the sole or primary contributing factor to the person's death.
Consult an Experienced Virginia DUI Attorney
If you or someone you care about has been charged with DUI or a DUI-related offense, there are very serious consequences that may result from a conviction.
To protect your rights, you need experienced Virginia attorney Bryan J. Jones to defend your case. Every case is unique and just because you are charged with a crime does not mean you are guilty. Contact us today to schedule a consultation in your case.