Gross Vehicular Manslaughter While Intoxicated – California Penal Code 191.5(a)
Orange County Vehicular Manslaughter Attorney
Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was under the influence in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.
What this basically means is that if you were driving under the influence, while driving you committed an additional misdemeanor/infraction/lawful act that might cause death, you acted with gross negligence, and the act caused the death of someone else.
A person acts with gross negligence if he/she acts 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.
Gross Vehicular Manslaughter While Intoxicated is a felony and a conviction can result in a prison sentence of four, six, or ten years. There are a number of other penalties if convicted of this crime such as a driver’s license suspension, heavy fines, and a strike on your criminal record.
If you were arrested for Gross Vehicular Manslaughter While Intoxicated, consult with an experienced Orange County Attorney today. At the Law Offices of Nam Q. Doan | OC Legal Defense, I will make sure your rights are defended in court. Call today at (714) 248-DOAN (3626) or visit www.OCLegalDefense.com for more information.