Penal Code (in pertinent part)
191.5.
“(a) 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.”
Vehicular manslaughter charges may include
Gross Vehicular Manslaughter while DUI:
There are different charges that the prosecution may charge a DUI suspect with when a person dies as a result of the offense. Gross vehicular manslaughter is one of the gravest and most serious charges faced by someone who is
driving under the influence of alcohol or drugs. This offense is used when the driver of a motor vehicular drives in such a reckless manner that is highly elevated over simple negligence, and a person is killed as a result. The punishment imposed can range from probation to ten years of state prison for.
In order for the prosecution to prove this crime, each part of Penal Code, § 191.5(a) must be proven:
1. A person drove under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug or drove while having a blood alcohol level of 0.08% or higher;
2. While driving that vehicle under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug, the person also committed either a misdemeanor or a driving infraction, or any other lawful act that might cause death;
3. The person committed a misdemeanor or some infraction or lawful act that might cause death with gross negligence;
4. The defendant's grossly negligent conduct caused the death of another person.
5. The prosecution must state the misdemeanor, infraction or other lawful act that they are using as the basis of the charge.
By definition, gross negligence has to include more than mere carelessness, inattention, or a mistake in judgment, such as:
1. When a person acts in such a reckless way that a higher risk of fatality or great bodily harm is produced;
2. A rational (or sober) person would have understood that acting in such a manner would potentially produce this type of risk.
Put quite simply, a person acts with gross negligence when the way their act is so different from how a usually cautious person would act in a like situation that equals a blatant disregard for human life or uncaring attitude toward the potential result.
In determining whether a defendant acted with gross negligence, the level of their intoxication, if any; the way they drove; and any other pertinent information regarding their conduct are examined.
The act is judged to be the cause of death if it is the direct result of an action and had that action not occurred, the death would not have resulted. A “natural and likely result” is one that a rational person would understand is probable if nothing abnormal intervenes. In determining whether a consequence is natural and likely, reflect on all of the unique factors built upon by the proof involved.
Vehicular manslaughter is a very serious offense in the state of California, and carries severe penalties. When combined with the state’s
Three-Strikes Laws, it becomes critical for defendants to find knowledgeable vehicular manslaughter attorneys to assist with their defense. Call us today to discuss your case in a free initial consultation. The Inland Empire’s manslaughter lawyers are here for you, and will work with you to assist in reducing charges or having them dropped.
