California Penal Code Section 191.5 (PC §191.5) classifies gross vehicular manslaughter while intoxicated as a felony.
To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:
In other words, we may speak of gross vehicular homicide when the driver being under the influence of alcohol or drugs has killed another person without an intent to kill, but the driver has manifested gross recklessness in that situation.
Suppose driver X drives under the influence of alcohol. He tries to make a drift in the motorway. Suddenly the vehicle goes out of his control and flips over. As a result of the accident a passenger dies.
The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.
For the conviction of an accused under this crime, the prosecutor has to prove all the circumstances mentioned above. Exhibits and expert conclusions can prove points 1 to 4, but point 5 involves a subjective evaluation. So the tactic of legal defense may be constructed over this factor- whether the accused acted negligently? If yes, whether the negligence was gross or not.
It is important to distinguish between vehicular homicide and aggravated vehicular homicide. As a simple example, if a person accidentally hits a pedestrian because he or she didn't see a stop sign, that is classified as vehicular manslaughter. But if a person drives drunk, at a high rate of speed, and breaks the rules for fun - that's PC §191.5. Some cases involving deaths caused by a drunk driver can be classified as Watson murder - that's second-degree murder. The main difference is intent or deliberate disregard of the risk of death. If a driver has already been charged with DUI and has been educated about the risks, a second DUI may result in a Watson murder charge. In such cases, the court finds that the defendant intentionally disregarded the risk of death.
The court looks at many factors:
In addition, if the defendant stayed at the scene of the accident, summoned help and actively assisted the investigation - this may be considered as a mitigating factor.
While the main penalty is imprisonment for 4, 6 or 10 years, there are other consequences:
It's also worth keeping in mind that penalties can be increased for repeat offenses.
Attorneys can use several strategies: - Challenging the presence of gross negligence - Challenging the level of intoxication - Pointing to other causes of the accident - Insufficient evidence of causation A PC §191.5 charge is an extremely serious offense that requires a skilled legal defense. If you or a loved one has been in this situation, it is crucial that you don't waste any time! Contact KAASS LAW.
Black’s Law Dictionary defines the legal concept of ‘gross negligence’ as a “lack of slight diligence or care.” Thus in every concrete case question is whether the slight amount of diligence or care was sufficient in the given situation to prevent the accident. If the required diligence or care was beyond slight, then it amounts to another felony (vehicular manslaughter) leading to a relatively lenient penalty. Facing charges for intoxication manslaughter? KAASS LAW will analyze your case thoroughly and offer the necessary expertise. Call (844)-522-7752 to speak with our experienced attorney.
Vehicle Code 23152(a) VC governs the crime of operating a motor vehicle “under the influence” of alcohol. In California motorists charged with driving under the influence can even be charged with a DUI, the blood alcohol concentration was below 0.08%. It should also be noted that if you have been charges with a DUI, there are two governmental bodies that are generally involved and require hearings; that is the DMV and the Courts. The DMV case is extremely time sensitive, and if not fixed immediately, will result in an automatic suspension of your driver’s license. A Driving under the influence conviction generally can result in costly fines, required attendance at alcohol-education classes, suspension or revocation of your driver’s license, probation, placing an ignition interlock device in your car, and even jail or prison time depending on the facts of the case.
California DUI charges can result in driver’s license suspensions, sometimes even on a first DUI. Our DUI attorneys in Glendale, CA have the ability to extend your driver’s license privileges and aggressively fight the DMV case to protect your license. It is critical to act quickly so you do not miss the deadline to demand a DMV hearing. If the deadline is missed it is likely that the DMV will automatically suspend your license.
If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is “non-reporting probation".
A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.
It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at (310) 943-1171. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.