A 74-year-old driver has been charged with gross vehicular manslaughter and DUI in connection with a San Diego car accident that killed 66-year-old Randy Eugene Smith. The accident occurred when Richard Alfred Daus drove his SUV into a Carl's Jr. restaurant in El Cajon, the morning of January 3, 2010. The San Diego Union-Tribune reports that Daus has been charged under a section of state DUI law that calls for harsher sentences for drunken drivers who have prior DUI convictions or a previous vehicular manslaughter conviction. Daus has apparently been convicted twice – in 1952 in Illinois for reckless homicide and in 1988 in Alaska for DUI. In this case, Daus' blood alcohol was 0.22 percent two hours after the fatal crash – nearly three times more than the legal limit of 0.08 percent.

Tragic DUI Collision

I offer my deepest condolences to everybody who knew and loved Smith. What a devastating blow for his family and friends! Apparently, Smith came every morning to have breakfast at that restaurant. The fatal DUI collision threw Smith across the restaurant and he died before he could be transported to a hospital.

California Drunk Driving Laws

If Daus is found guilty, I hope he gets the punishment he deserves. In this case, that means, he could face a prison sentence for the rest of his life. A driver whose act of driving under the influence results in the death of another will likely face vehicular manslaughter charges, as Daus does in this case.

California Penal Code section 191.5 (a) states: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence."

Getting Help from an Injury Lawyer

Smith's family would be well-advised to seek the legal counsel of an experienced San Diego personal injury lawyer, who will better inform them about their legal rights and options. Where there is negligence or wrongdoing involved, families of deceased car accident victims can file a wrongful death claim seeking compensation to cover funeral expenses, lost future earnings, loss of love and companionship, and other related damages.

We are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.