Gross Vehicular Manslaughter While Intoxicated (DUI)

California Penal Code Section 191.5 PC Gross Vehicular Manslaughter While Intoxicated (DUI)

California Penal Code Section 191.5 (PC §191.5) classifies gross vehicular manslaughter while intoxicated as a felony.

What are the Elements the Prosecutor Must Prove to Be Found Guilty of Gross Vehicular Manslaughter While Intoxicated?

To charge a person for this vehicular manslaughter while intoxicated per Penal Code §191.5 PC, the prosecutor must prove the following elements exist:

1. The driver unlawfully kills a human being while operating a vehicle.
2. The killing is committed without malice aforethought;
3. The driver operates the vehicle while intoxicated, violating §§ 23140, 23152, or 23153 of the Vehicle Code (alcohol or drug influence).
4. The killing is the proximate result of an unlawful act, which does not amount a felony or the killing is the proximate result of a lawful act that has the potential to cause death; and
5. The acts described in the previous point are committed through gross negligence

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.

An Example of Gross Vehicular Manslaughter While Intoxicated

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.

What Is the Penalty for Gross Vehicular Manslaughter?

The penalty for gross vehicular manslaughter leads to both criminal and administrative punishment.

• Criminal liability- imprisonment in the state prison for 4, 6, or 10 years (PC §191.5 (c)(1))
• Administrative liability- revocation of driving license (Vehicle Code VC §13351)

Legal Defense Against an Accusation of Gross Vehicular Manslaughter

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.

Difference Between Vehicular Homicide And Aggravated Vehicular Homicide

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.

What Can Affect Sentencing?

The court looks at many factors:

• The defendant’s history of impairment
• Whether the crash was accidental or predictable
• Blood alcohol level
• Whether the defendant was remorseful and cooperated with the investigation

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.

Additional Possible Penalties

While the main penalty is imprisonment for 4, 6 or 10 years, there are other consequences:

• Compensation to victims’ families
• Mandatory attendance at alcohol/drug rehabilitation programs
• Restrictions on future employment
• “dangerous driver” status with the DMV

It’s also worth keeping in mind that penalties can be increased for repeat offenses.

Possible Lines of Defense

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.

What Does Gross Negligence Mean?

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.