Statute of Limitations for Gross Vehicular Manslaughter while Intoxicated in California (Penal Code Section 191.5, 800)

Killing another person while driving under the influence may be charged as gross vehicular manslaughter. Depending on the circumstances of the crime, you can be prosecuted for a misdemeanor or a felony violation of this law.

However, there are statutes of limitations in place that prevent your prosecution for this crime of which you should be aware.

Let’s examine how and when you can be prosecuted for this crime…

What is a Statute of Limitation?

A statute of limitation is a law which prevents you from being prosecuted for a crime beyond a specified period of time. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time. After the period of the statute has expired, you cannot be prosecuted for a criminal offense.

In general, statutes of limitation require that you remain in the state, visible and available for arrest. If the police fail to bring you to justice while you are living out in the open within a specified amount of time, society has determined that at that point you should be able to live free from the possibility of prosecution.

If you intentionally avoid arrest, you may be declared a fugitive from justice during which time the statutes of limitation may “toll” – in other words, the statute of limitations is suspended pending your arrest.

Statutes of Limitation Exist for a Reason

Statutes of limitation exist for one reason alone. Society has determined that it is unfair for a person to have to worry for decades that he “may” be prosecuted for a possible crime. In addition, it would be unfair to have a person prosecuted for a crime many years after the offense because it would be very difficult for the accused to secure attendance of key witnesses that may be deceased or unable to be found, or because key documentary evidence can no longer be located.

What is Gross Vehicular Manslaughter while Intoxicated in California?

Very few people get behind the wheel of a car intending to kill someone. But if someone is killed, you should be aware that you may be charged and prosecuted for this very serious crime.

California Penal Code Section 191.5 describes the crime of driving under the influence causing death as gross vehicular manslaughter.

Gross Vehicular Manslaughter while intoxicated is described as maliciously killing another person where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code – generally, California’s drunk driving laws – and “the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony,” with or without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner with or without negligence.

Punishment upon conviction for vehicular manslaughter ranges from either a year in jail or up to 10 years in prison, depending on whether you are charged with a misdemeanor or a felony and the circumstances of the offense

Additionally, California law does not exempt you from being prosecuted for murder if the facts demonstrate that you exhibited wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice.

Statute of Limitations for Gross Vehicular Manslaughter while Intoxicated

Under California law, the prosecution has up to six years after commission of the offense to prosecute you for any crime carrying eight years or more in prison (Penal Code Section 800).

Gross vehicular manslaughter while intoxicated falls in this category. If the prosecution does not file formal criminal charges against you (by filing a criminal complaint) within six years from the date of the alleged offense, you may not be prosecuted for killing someone as a result of driving while under the influence.

Call the Criminal Defense Attorneys at Wallin & Klarich

If you or someone you love believes you are being unlawfully prosecuted for an old criminal charge that may be in violation of the statute of limitations, you should speak to an experienced criminal defense attorney at Wallin & Klarich immediately. The attorneys at Wallin & Klarich have over 40 years of experience protecting our clients’ constitutional rights in criminal matters. If we determine that the evidence collected against you violates the statute of limitations, we will argue that the charges against you must be dismissed.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our experienced criminal defense attorneys at Wallin & Klarich are available 24 hours a day, seven days a week to aggressively defend you. We will employ every available strategy to help you win your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.