California Gross Vehicular Manslaughter Defense Lawyers

California Penal Code 191.5 (a) -- Gross Vehicular Manslaughter While Intoxicated

Our gross vehicular manslaughter defense attorneys are located through out Southern California. We have local DUI law offices in Los Angeles, San Bernardino, Orange County and in all surrounding areas to conveniently serve you.

California Penal Code 191.5 (a) -- Gross Vehicular Manslaughter While Intoxicated

California “gross vehicular manslaughter while DUI” is defined under California Penal Code section 191.5 (a). Unlike negligent vehicular manslaughter while intoxicated…which only involves “ordinary” negligence…gross vehicular manslaughter is always a felony offense. This crime is charged when, in addition to driving under the influence, you commit an act that is likely to result in death to another.

• What is “Gross” Negligence?

Gross or “criminal” negligence (in contrast to “ordinary” negligence), is acting with the general attitude that “I don’t care what happens”. This type of negligence involves acting in a reckless manner that creates a high risk of great bodily injury or death…a risk that a “reasonable” person would have appreciated.

Examples of gross negligence may include (but are not limited to):

• Driving at highly excessive speeds,
• Driving on the wrong side of a road or highway, or
• Intentionally running a red-light.

How Does the Prosecution Prove that I am Guilty of “Gross Vehicular Manslaughter While Intoxicated” Under California Penal Code 191.5 (a)?

In order to convict you of a California “gross vehicular manslaughter while intoxicated” charge, the prosecution must prove three facts:

1. That you drove under the influence (pursuant to California Vehicle Code 23152 VC) or drove under the influence causing injury (under California Vehicle Code 23153 VC),
2. That you committed an additional grossly negligent act (not amounting to a felony), and
3. That grossly negligent act caused the death of another.

Gross negligence may be determined by a combination of (1) the level of your intoxication, (2) the manner in which you drove, and (3) any other relevant facts about your conduct that contributed to the death of another.

▪Example: Bill (who was driving under the influence) was speeding on the Santa Monica Freeway. He looked down to change a CD and didn’t see traffic stop when he rear-ended Sue, who subsequently died. Bill’s Beverly Hills gross vehicular manslaughter attorney would argue that Bill’s speed and momentary inattention weren’t so reckless as to constitute a disregard for human life. These actions were instead, merely careless…and consequently didn’t rise to the level of gross negligence to support a conviction for California gross vehicular manslaughter while intoxicated. But,

Adding to the example from above, let’s say Bill wasn’t just DUI and speeding along the Santa Monica Freeway. He was also driving in excess of 85 miles per hour, weaving in and out of traffic, and passing cars using the emergency shoulder, which is where Sue’s car was stalled when she was struck and killed by Bill.

As you can see, there is a significant difference between both scenarios. In the second example, Sue’s death was the natural and probable result of flagrant and reckless negligent acts. If that was Bill’s first DUI, he would likely be charged with California gross vehicular manslaughter while intoxicated. However, if Bill had previously been convicted of a DUI, he would more likely be charged in California with second-degree murder, otherwise known as a “Watson Murder”.

How Do I Fight a California “Gross Vehicular Manslaughter While Intoxicated” Charge?

California DUI defense typically starts out the same, regardless of the actual charge. This means that your DUI defense attorney will begin by challenging your alleged impairment, challenging the validity of the blood or breath test results (if any are available), and challenging the procedures that the police, sheriff or California Highway Patrol officers employed from the beginning of your drunk driving investigation to your DUI arrest.

With respect to the specific charge of “gross vehicular manslaughter while DUI”, your lawyer should attack the evidence that attempts to prove that it was your gross negligence that caused the unfortunate death(s) to occur. This is typically done through the testimony of an independent accident reconstruction expert who will examine whether the accident (and resulting death) were “substantially caused” by your gross negligence…or by the acts of another person or by forces that were beyond your control (road conditions or weather, for example).

Penalties and Sentencing for California Gross Vehicular Manslaughter While Intoxicated Under California Penal Code 191.5 (a)

Punishment for California felony “gross vehicular manslaughter while DUI” is severe and can be absolutely devastating. Depending on the facts of your specific case, you face the following sentence:

• Four, six, or ten years in the California State Prison, or
• Fifteen years to life in prison if you have a prior PC 191.5 conviction or two or more prior DUIs, and
• A strike on your record pursuant to California’s Three Strikes Law.

If there are any surviving victims that were injured as a result of your gross negligence, you additionally face the following penalties:

• An additional and consecutive one-year sentence for each additional person that suffers any injury…up to three years maximum, and
• An additional and consecutive three- to six-year sentence if any surviving victim suffers great bodily injury.

A California felony DUI that results in death will be aggressively prosecuted...and without the help of an experienced California gross vehicular manslaughter lawyer…the accused stands little chance of escaping punishment. If you or a loved one has been charged in California with “gross vehicular manslaughter while DUI” under Penal Code 191.5 (a), we invite you to contact us at one of our local DUI law offices for a confidential consultation.

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