California Gross Vehicular Manslaughter While Intoxicated Lawyers

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

The crime of gross vehicular manslaughter while intoxicated is a felony offense that involves drunk driving that results in the unlawful killing of a human being without premeditation or malice aforethought. Under California Penal Code Section 191.5(a), this vehicular manslaughter crime is charged if you were driving under the influence of drugs or alcohol, and your actions were so grossly negligent that they recklessly created a high risk of death or substantial bodily harm to other people.

The “gross negligence” requirement of this crime is more culpable than “ordinary negligence” in that it goes beyond mere carelessness or a lapse in judgment. Grossly negligent actions are so reckless that they create a high risk of death or great bodily injury, and it deviates drastically from how a reasonable person would act in the same situation. A person who acts with gross negligence will typically have the “I don’t care” state of mind in which they have a disregard for human life or the consequences of their actions. Acts that fall under this type of negligence include blatantly disregarding traffic safety signs, driving at highly excessive speeds, or intentionally running through red lights.

Gross vehicular manslaughter while intoxicated is a felony offense. A conviction may result in a sentence in state prison for up to 10 years. If you have a prior vehicular manslaughter conviction or at least 2 prior DUI convictions, you may face a prison sentence of 15 years to life. A conviction may also have adverse effects on your driving privileges, and may incur a strike pursuant to California’s Three Strikes Law. The gravity of this charge and the consequences it bears make it imperative that you obtain the assistance and expertise of a knowledgeable attorney in gross vehicular manslaughter cases who can analyze your situation and formulate an effective defense strategy.

In order to be convicted for this crime, the prosecution must prove that you were driving while intoxicated, that you committed some act with gross negligence, and that your negligent conduct resulted in the death of a human being.

There are a number of defenses that an experienced gross vehicular manslaughter defense attorney can use against such accusations. As with any typical DUI charge, the defense can challenge the allegation that you were impaired due to the fact that you were under the influence by attacking the evidence of your apparent impairment, the DUI investigation by police or the details of your arrest. A competent manslaughter defense attorney may also challenge the assertions against you by persuading the judge and jury that your actions were not grossly negligent, or that your actions were not a substantial factor in causing the death of the alleged victim.

At Wallin & Klarich, our attorneys have over 30 years of experience handling gross vehicular manslaughter cases in Southern California. Our attorneys have the skill and expertise to provide you with the best possible defense against this very serious charge.

Wallin & Klarich’s team of highly skilled gross vehicular manslaughter attorneys will thoroughly review your case and aggressively represent you in order to provide the best defense possible in light of the unique circumstances of your case. Contact Wallin & Klarich today at (888) 280-6839 or visit us online at www.wklaw.com. We will be there when you call.