CA Penal Code 191.5(a) - Gross Vehicular Manslaughter While Intoxicated
Charges of gross vehicular manslaughter while intoxicated are outlined in California Penal Code Section 191.5(a).
Essentially, it involves unlawfully causing the death of another person while driving under the influence of alcohol or drugs. This serious offense happens when a DUI is combined with gross negligence that results in someone's death.
Under California law, if your DUI results in another person's death, the prosecutor can file charges under Penal Code 191.5.
To help you understand, we will explain the key differences between the two charges: Penal Code 191.5(a) involves gross negligence, while 191.5(b) pertains to ordinary negligence. Knowing these distinctions can clarify the severity of your case.
Penal Code 191.5(b) involves ordinary negligence, not gross negligence. It applies when you are simply careless or make a judgment error. Although serious, it's a lesser charge.
The more severe charge is Penal Code 191.5(a), which involves gross negligence—acting unreasonably and causing someone's death while intoxicated.
Increasing the Risk of Harm to Others
Clearly, gross negligence is far more serious, involving conduct that significantly increases the risk of harm to others.
It's important to understand that this crime was committed without malicious intent, meaning there was no premeditation to kill, which is necessary for a murder charge.
Instead, a person's death results from either an unlawful act that is grossly negligent or a lawful act carried out in a grossly negligent manner that unintentionally causes death.
If you are accused of gross vehicular manslaughter while intoxicated, it is important to consult a Los Angeles DUI defense lawyer at the Hedding Law Firm.
To better understand how vehicular manslaughter charges differ in California, let's explore the details below.
Definition of Gross DUI Manslaughter
California Penal Code Section 191.5(a) (link) legally defines the charges of gross vehicular manslaughter: "Gross vehicular manslaughter while intoxicated is the unlawful killing of a human while driving a vehicle, where the driving violated California Vehicle Codes, and the killing was either the immediate result of committing an unlawful act, not a felony, and with gross negligence, or the result of committing a lawful act that might unlawfully produce death, with gross negligence."
What is Gross Negligence?
As shown again, there is a clear difference in the definition of "gross negligence." This should not be confused with ordinary negligence.
Gross negligence refers to acting recklessly in a way that significantly increases the risk of serious injury or death, and any reasonable person would recognize that such behavior poses this high risk.
It goes beyond ordinary carelessness or a simple mistake. Legally, it is classified as gross negligence only if your actions significantly deviate from what a reasonably careful person would do in similar circumstances, and those actions clearly show a disregard for human life.
It's important to note that driving under the influence and breaking traffic laws, by themselves, usually aren't enough to establish gross negligence. Juries are generally advised to consider other aspects of your behavior, such as how you were operating your vehicle and your particular level of intoxication.
How Can a Prosecutor Prove Gross DUI Manslaughter?
To secure a conviction for gross vehicular manslaughter while intoxicated, the prosecutor must demonstrate all the elements of the crime, including that you operated a vehicle while intoxicated with a BAC of 0.08 or higher, and that your conduct was grossly negligent-meaning it showed reckless disregard for human life.
Understanding this process can help you grasp how evidence is evaluated in your case, such as:
- You were operating a vehicle while intoxicated by alcohol, drugs, or both, with a blood alcohol concentration (BAC) of 0.08 or higher.
- If you were under 21 years old at the time of the accident, you were operating a vehicle with a blood alcohol level (BAC) of 0.05 or higher.
- While driving a motor vehicle under the influence of alcohol or drugs, you committed a misdemeanor or infraction, or an act that could cause death.
- You committed a misdemeanor, infraction, or lawful act that could result in death through gross negligence.
- Your grossly negligent conduct caused the death of another person.
It should be noted here that causing the death of another person only applies if the prosecutor can prove your grossly negligent conduct actually caused death as a direct and probable consequence of your conduct.
What are the Related Offenses?
Some California laws closely related to Penal Code 191.5(a), gross vehicular manslaughter while intoxicated, may also be charged instead, including:
- Penal Code Section 191.5(b) - Negligent Manslaughter
- Penal Code Section 192(a) - Voluntary Manslaughter
- Penal Code Section 192(b) - Involuntary Manslaughter
- Penal Code Section 192(c) - Vehicular Manslaughter
- Penal Code Section 187 - Watson Murder
What are the Legal Penalties?
Under Penal Code 191.5(a), gross vehicular manslaughter while intoxicated is classified as a felony offense.
Convictions can result in penalties such as a prison sentence of 4, 6, or 10 years in California state prison, a fine up to $10,000, and formal felony probation.
If you have a previous conviction under California Penal Code Section 191.5, California Vehicle Code 23152 for DUI, or Vehicle Code 23153 for DUI causing injury, you could face a prison term ranging from 15 years to life.
Additionally, gross vehicular manslaughter while intoxicated is classified as a serious felony, making it a "strike" offense under California's Three Strikes law.
How Can You Challenge Gross DUI Manslaughter Charges?
A criminal attorney at our law firm can employ various legal defenses to contest your charges of gross vehicular manslaughter while intoxicated.
To help you understand your options, we will discuss common defenses such as challenging gross negligence, proving sobriety, or questioning police procedures. This information can help you consider legal strategies.
- No gross negligent conduct: In some cases, our attorneys may demonstrate that your behavior was mere negligence, not gross negligence. If they succeed, you cannot be convicted of gross vehicular manslaughter while intoxicated because a fundamental requirement for the crime is proving gross negligence.
- Gross negligence did not result in the victim's death: In cases where your grossly negligent conduct cannot be challenged, our attorneys may be able to provide evidence regarding whether another person's gross negligence was responsible for the victim's death. If we can cast a reasonable doubt, you might avoid a conviction for gross vehicular manslaughter while intoxicated.
- You were not intoxicated: Our lawyers might utilize legal defenses to argue that you were actually sober during the accident. For instance, we could contest the accuracy of your blood or breath test results. Additionally, we can examine whether the police employed illegal procedures or engaged in misconduct during your DUI arrest.
The Hedding Law Firm has extensive experience defending clients accused of gross vehicular manslaughter while intoxicated, under California Penal Code Section 191.5(a). We will carefully review the case details to develop an effective defense strategy.