California Gross Vehicular Manslaughter While Intoxicated Lawyers

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

To show that gross vehicular manslaughter had occurred as a result of an act of gross negligence committed while intoxicated, the prosecuting attorney must prove that:

1. The defendant drove a vehicle while intoxicated;
2. The defendant committed an act, not amounting to a felony, that might cause death;
3. The defendant committed the unlawful act with gross negligence; AND
4. The defendant’s negligent action caused the death of another person.

Note:

• A driver is “intoxicated” under California Vehicle Code Section 23152 if he/she is under the influence of an alcoholic beverage or drug, or any combination thereof, or if he/she is found to have driven with a blood alcohol content of 0.08% or more.
• “Gross negligence” requires the defendant to act in a reckless way that creates a high risk of death or great bodily injury AND a reasonable person would have known that acting in that way would create such a risk.
• An act is held to cause death if the death is the direct, natural, and probable consequence of the act, and the death would not have happened without the act.

The burden is on the prosecution to prove each of these elements in order to achieve a conviction for gross vehicular manslaughter while under the influence. If the prosecutor fails to prove any single element of the crime, the charge against the accused must be dismissed. An experienced gross vehicular manslaughter attorney can analyze the facts of your case to identify the available defenses to you and attack the prosecutor’s assertion of the elements of the crime. Our attorneys at Wallin and Klarich have been handling gross vehicular manslaughter cases for over 30 years. Call today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.