Vehicular Manslaughter While Intoxicated – California Penal Code 191.5(b)

Los Angeles Vehicular Manslaughter Attorney

 

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 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, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

 

This is different from Gross Vehicular Manslaughter While Intoxicated.  This specific penal code requires that you were driving under the influence, while driving you also committed another misdemeanor/infraction/lawful act that might cause death, you acted with ordinary negligence, and the negligent conduct caused another person’s death.

 

Ordinary negligence is the failure to use reasonable care to prevent reasonably foreseeable harm to oneself or someone else.

 

Vehicular manslaughter while intoxicated is a wobbler, meaning it can be charged as either a misdemeanor or a felony.  A misdemeanor conviction is punishable by imprisonment in a county jail for up to one year.  A felony conviction is punishable by imprisonment in the state prison for 16 months, 2 years, or 4 years.

 

You also face fines of up to $10,000 and a driver’s license suspension of up to one year.

 

If you were arrested for Vehicular Manslaughter While Intoxicated, it’s important to speak with an experienced Los Angeles Vehicular Manslaughter Attorney.  At the Law Offices of Nam Q. Doan | OC Legal Defense, I will defend your rights and provide effective representation at an affordable price.  Call today at (714) 248-DOAN (3626) or visit www.OCLegalDefense.com for more information.