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Los Angeles Gross Vehicular Manslaughter While Intoxicated
The criminal offense of gross vehicular manslaughter while intoxicated is a crime as defined by California PC 191.5(b). Pursuant to this state statute, this crime is defined as the unlawful killing of a human being without malice aforethought. To elaborate, the state of California can convict a defendant of this offense if it can prove beyond a reasonable doubt that the defendant drove under the influence of alcohol or drugs, that he or she committed an unlawful act or an otherwise lawful act that might cause death, that he or she acted with ordinary negligence, and that the negligent conduct caused the death of another person.
what does this mean in real life? Typical cases of gross vehicular manslaughter while intoxicated involve a driver hitting another car and causing people in that other car to die as a result of the collision. Please note that this charge may apply if any person dies, whether that person is in the car with the defendant driver or in the car that was hit by the defendant driver.
A prosecutor who seeks to convict someone of this charge must establish that the defendant was under the influence of drugs or alcohol while driving the vehicle and that the defendant acted negligently. Negligence is generally define as a breach of the standard of care owed to other drivers on the road and to passengers of the vehicle operated by the defendant. It can also be simply a violation of state statutes regarding the operation of motor vehicles.
It should also be noted that a defendant cannot be convicted of driving under the influence or DUI because it is merged into the crime of gross vehicular manslaughter while intoxicated.
Defenses to Gross Vehicular Manslaughter While Intoxicated
If you are facing a charge of Gross Vehicular Manslaughter While Intoxicated, you will probably decide to hire the best lawyer you can find to present appropriate defenses to the charge. There are many defense arguments that can be made to this charge, depending upon the unique factual circumstances surrounding the incident the subsequent arrest by the police. First, your lawyer will certainly investigate whether or not you meet the criteria for being intoxicated at the time of the accident. Second, the issue of negligence will be investigated. Was there negligence and did that conduct cause the death of another person? Counsel will also be very interested to know whether or not the police at the scene followed all procedural requirements.
Sentencing and Punishment
Under California law, the charge of gross vehicular manslughter while intoxicated may be pursued as either a misdemeanor or a felony. If the charge is a misdemeanor, the possible punishment is up to a year in county jail and a fine of up to $1,000. A felony, which is more severe, is punishable by 16 months, 2 or 4 years in county jail along with a fine of up to $10,000. Upon conviction of this offense, the defendant’s license to drive may be suspended.
How We Can Help
It is absolutely vital that you retain experienced counsel if you are charged with Gross Vehicular Manslaughter While Intoxicated. With many years of experience of facing charges of Gross Vehicular Manslaughter While Intoxicated on behalf of clients in the Los Angeles area, our law firm can provide highly qualified and effective representation through every stage of the legal proceedings relating to this charge. With our knowledge and skill, we can help you obtain the best possible results in your case. Call us now to make an appointment to discuss legal representation.