California Gross Vehicular Manslaughter While Intoxicated Lawyers

Gross Vehicular Manslaughter While Intoxicated Defenses – California Penal Code Section 191.5(a)

Not Under the Influence
One of the elements that the prosecution needs to prove in order to achieve a conviction under this section is that you drove while under the influence. A number of different arguments may be posed by a manslaughter defense attorney to negate any assertion by the prosecution that you were driving while intoxicated at the time of the offense:

• Defendant’s Appearance: When conducting a traffic stop, police make conclusions about whether a driver is intoxicated by looking for certain observable symptoms such as blood-shot eyes, slurred speech, strong odor of alcohol, or an unsteady gait. Any police testimony stating that you were under the influence because they observed these symptoms in your appearance can be skillfully refuted by an experienced defense attorney who can link these symptoms to allergies, fatigue, frustration, nervousness, etc.
• Field Sobriety Test (FST): Since alcohol consumption impairs a body’s motor functions, FSTs are designed to test your balance and coordination. The results of FSTs are often viewed as conclusive evidence of intoxication if you performed poorly in front of a police officer. A defense attorney can establish that the FSTs in your case did not accurately measure your impairment by citing other factors that may have affected your ability to perform such as nerves, physical inability, the location where the test was conducted, etc.
• Police Procedures: In order to sustain a DUI conviction, police are held to abide by certain rules and procedures when investigating or arresting suspected DUI offenders. Such rules, for example, require that police have sufficient “probable cause” before conducting the traffic stop and that police give you your “Miranda Rights” before they arrest and interrogate you. Any failure by the arresting police to strictly adhere to these rules can leave the case vulnerable to contentions by a criminal defense attorney regarding the propriety of the traffic stop or arrest. If skillfully argued, a defense attorney may be able to have the evidence against you suppressed.

Actions of the Defendant Not Grossly Negligent
To be convicted for this crime, you need to have acted with “gross negligence,” which means your actions were so unreasonable and reckless that they created a high risk of death or great bodily injury. To make a determination of whether your actions constitute gross negligence is heavily dependent on analyzing the facts of your case. If a criminal defense attorney can show from the facts that your actions under the circumstances were reasonable or at the very most a momentary lapse in judgment, then you cannot be held to have been so reckless as to have a disregard for human life. If it is determined that you acted reasonably under the circumstances, or that you were merely careless, your defense attorney may be able to reduce the charge to a lesser crime or have the charge dismissed entirely.

Actions Did Not Cause the Death
If it is found that your actions did not cause, or was not a substantial factor, in the resulting death of the victim, you cannot be convicted of gross vehicular manslaughter while under the influence. This determination is made by considering all the facts of the case. Since the question of causality is purely a question of fact, a skilled defense attorney can analyze and present the facts in a way to convince a judge or jury that the death was not the direct result of your actions. If this argument is successful, the charges against you may be either dismissed or reduced to a lesser charge.