If you have been arrested for the crime of Vehicular Manslaughter, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

Vehicular manslaughter

California Penal Code 192(c) — Vehicular manslaughter. (“Manslaughter is the unlawful killing of a human being without malice. It is of three kinds…(c) Vehicular– (1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person [also a violation of California’s automobile insurance fraud laws]. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.”

Judicial Council of California Criminal Jury Instruction — CALCRIM 591 — Vehicular manslaughter while intoxicated. (“To prove that the defendant is guilty of vehicular manslaughter with ordinary negligence while intoxicated [othwise referred to as Penal Code 191.5(b) California’s “vehicular manslaughter while intoxicated” law], 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/operated a vessel under the influence of (an alcoholic beverage/ [or] a drug) [or a combined influence of an alcoholic beverage and a drug]/operated a vessel while having a blood alcohol level of 0.08 or higher); [2] While (driving that vehicle/operating that vessel) 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 ordinary negligence; AND [4] The defendant’s negligent conduct caused the death of another person.”

 

California Penal Code 191.5(b) PC — Gross vehicular manslaughter while intoxicated. (“(b) 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 [California’s “under 21 DUI” law], 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.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to  California Penal Code 192(c) — Vehicular manslaughter.