1. Vehicular Manslaughter while intoxicated is codified under California PC 191.5(b). This offense can be charged as either a misdemeanor or a felony.
If someone is killed in an accident you caused and you are suspected of being under the influence at the time, vehicular manslaughter while intoxicated may be charged by the prosecution.
To be convicted, you must have been driving under the influence of alcohol and/or drugs, that you committed an act that was negligent and unlawful or lawful but negligent/dangerous act while under the influence of alcohol and/or drugs, and that the negligence caused by you was the cause of another’s death.
2. Gross vehicular manslaughter while intoxicated is codified under California Penal Code Section 191.5 (a). This will always be charged as a felony offense by the prosecution.
In this criminal code section, the prosecution must prove that you acted with “gross negligence.”
“Gross” criminal negligence is a wanton and reckless disregard for what happened when you caused an accident and someone was killed as a result of it, and it is more than just ordinary negligence. Some examples of “gross criminal negligence” include speeding, weaving in and out of lanes, crossing double yellow street lines and passing other cars recklessly.
If you or a loved one is facing this charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.