If you have been arrested for the crime of Gross Vehicular Manslaughter, call experienced criminal defense lawyer Max Gorby at (310) 200-9651

 

California Penal Code 191.5 – Gross Vehicular Manslaughter (a) PC California’s gross vehicular manslaughter while intoxicated law. (“(a) 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 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…(c)(1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years…(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.”

 

Judicial Council of California Criminal Jury Instruction — CALCRIM 590 – Gross Vehicular manslaughter while intoxicated. (“To prove that the defendant is guilty of this crime, the People must prove that: [1] The defendant (drove under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug]/drove while having a blood alcohol level of 0.08 or higher/drove under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug] when under the age of 21/drove while having a blood alcohol level of 0.05 or higher when under the age of 21); [2] While driving that vehicle under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug], the defendant also committed (a/an) (misdemeanor[,]/ [or] infraction[,]/ [or] otherwise lawful act that might cause death); [3] The defendant committed the (misdemeanor[,]/ [or] infraction[,]/ [or] otherwise lawful act that might cause death) with gross negligence; AND [4] The defendant’s grossly negligent conduct caused the death of another person.”

 

Vehicle Code 23103 VC California’s reckless driving law. (“(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.”

 

CALCRIM 590 — Penal Code 191.5 PC California’s “gross vehicular manslaughter while intoxicated” law. (“Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: [1] He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND [2] A reasonable person would have known that acting in that way would create such a risk. In other words, a person acts with gross negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.”

RECENT CASES:

  • People v. Johnigan, No. B220763, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 196 Cal. App. 4th 1084; 128 Cal. Rptr. 3d 190; 2011 Cal. App. LEXIS 807, June 23, 2011, Filed, Review denied by People v. Johnigan (Ashley), 2011 Cal. LEXIS 10281 (Cal., Sept. 28, 2011)
  • The trial court declined to give a special defense instruction that stated: “The distinction between ‘conscious disregard for life’ and ‘conscious indifference to the consequences’ is subtle but nevertheless logical.” (Special jury instruction No. 2.) Appellant also asked the court to instruct: “The term ‘gross negligence’ as used in the definition of manslaughter in these instructions means the failure to exercise any care, or the exercise of so little care that you are justified in believing the defendant was wholly indifferent to the consequences of her conduct and to the welfare of others.” (Special jury instruction No. 4, italics added.) The proposed instruction contradicted the CalCrim 590 instruction on gross vehicular manslaughter while intoxicated which stated: “Gross negligence involves more than ordinary carelessness, inattention or mistake in judgment. A person acts with gross negligence when: [¶] 1. He or she acts in a reckless way that creates a high risk of death or great bodily injury. [¶] AND [¶] 2. A reasonable person would have known that acting in that way would create such a risk. [¶] In other words, a person acts with gross negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.”

Please contact Attorney Max Gorby at (310) 200-9651 regarding any questions related to California Penal Code section 191.5 Gross Vehicular Manslaughter.