Vehicular Manslaughter While Intoxicated

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This presentation describes California penal code 191.5 vehicular Manslaughter While Intoxicated, which is the unlawful killing of a human being: Without malice aforethought, In the driving of a vehicle, Where the driving was in violation of Vehicle Code Sections 23140, 23152, or 23153 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.

Law

Vehicular Manslaughter
While Intoxicated
Presented By The Aizman law Firm

It is the unlawful killing of a human
being.

It occurs while driving a vehicle (in
violation of the Vehicle Code) but it
is without malice.

In order to prove someone is guilty of this
offense, the prosecutor has to prove the
elements:

1. The defendant was driving under the
influence of alcohol and/or drugs while
having a BAC of 0.08 or higher;

2. If the defendant was under the age of
21, they were driving under the
influence with a BAC of 0.05 or higher;

$3. While driving under the influence, the defendant also committed a misdemeanor or infraction, or otherwise lawful act that might cause death.$

4. The defendant’s negligent conduct caused
the death of another person

1. The death was the result of a sudden
emergency.

1. The death was the result of a sudden
emergency
2. It was not your negligence that led to
the death; or

1. The death was the result of a sudden
emergency
2. It was not your negligence that led to
the death; or
3. There is insufficient evidence of
intoxication.

1. Up to a year in jail
2. Maximum fine of $1,000.

1. 16 months, 2 or 4 years in California
State Prison,

1. 16 months, 2 or 4 years in California
State Prison,
2. An additional consecutive 3-6 year
sentence, and

1. 16 months, 2 or 4 years in California
State Prison,
2. An additional consecutive 3-6 year
sentence, and
3. A fine of up to $10,000 can be added
if any surviving victim(s) suffer from
great bodily injury.

Aizman Law Firm
(818) 860-7057
http://www.aizmanlaw.com

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Vehicular Manslaughter While Intoxicated

1. Vehicular Manslaughter While Intoxicated Presented By The Aizman law Firm

2. What Is It?

3. It is the unlawful killing of a human being.

4. How?

5. It occurs while driving a vehicle (in violation of the Vehicle Code) but it is without malice.

6. How Does the Prosecutor Prove it?

7. In order to prove someone is guilty of this offense, the prosecutor has to prove the elements:

8. 1. The defendant was driving under the influence of alcohol and/or drugs while having a BAC of 0.08 or higher;

9. 2. If the defendant was under the age of 21, they were driving under the influence with a BAC of 0.05 or higher;

10. 3. While driving under the influence, the defendant also committed a misdemeanor or infraction, or otherwise lawful act that might cause death.

11. 4. The defendant’s negligent conduct caused the death of another person

12. Legal Defenses

13. 1. The death was the result of a sudden emergency.

14. 1. The death was the result of a sudden emergency 2. It was not your negligence that led to the death; or

15. 1. The death was the result of a sudden emergency 2. It was not your negligence that led to the death; or 3. There is insufficient evidence of intoxication.

16. Misdemeanor Penalties

17. 1. Up to a year in jail 2. Maximum fine of $1,000.

18. Felony Penalties

19. 1. 16 months, 2 or 4 years in California State Prison,

20. 1. 16 months, 2 or 4 years in California State Prison, 2. An additional consecutive 3-6 year sentence, and

21. 1. 16 months, 2 or 4 years in California State Prison, 2. An additional consecutive 3-6 year sentence, and 3. A fine of up to $10,000 can be added if any surviving victim(s) suffer from great bodily injury.

22.

23. Aizman Law Firm (818) 860-7057 http://www.aizmanlaw.com

Vehicular Manslaughter While Intoxicated

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