California Penal Code 191.5 , Gross Vehicular Manslaughter While Intoxicated

Definition

Gross Vehicular Manslaughter While Intoxicated under California Penal Code Section 191.5 A, is a filed as a felony offense. Gross Vehicular Manslaughter While Intoxicated, or otherwise known as GWMI, happens when someone maneuvers a vehicle in a reckless manner and while intoxicated with alcohol or drugs. In addition, someone else was killed due to factors of intoxication and negligence.

Elements of the Crime

In order to take a Gross Vehicular Manslaughter While Intoxicated CPC 191.5A case to trial, certain elements of the crime will have to be proven. These includes:

·         That the defendant was drinking and driving

·         That the defendant was driving in a reckless manner

·         That the defendant committed an illegal act, such as an infraction or misdemeanor

·         That a victim was killed as a result of the above factors

Additional Notes

As described above, this is a serious crime that’s classified under manslaughter and murder laws.

Sentencing  for California Penal Code 191.5 A

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Gross Vehicular Manslaughter While Intoxicated, it is usually filed as either a  felony, with sentencing that includes:

·         Prison time of up to ten years

·         Maximum fines of up to ten thousand dollars

·         Victim repayment as ordered by the court

·         Participation in a DUI school or program

·         Suspension of the defendant’s driver’s license

·         Community service

If the defendant had a previous DUI record, then prison time can be enhanced by up to fifteen years.

Legal Defenses for California Penal Code 191.5 A

A good criminal defense attorney is able to present strong defenses for Gross Vehicular Manslaughter While Intoxicated cases under California Penal Code 191.5 A. Some defenses include not being intoxicated at the time; that the driver was not acting in a reckless manner; or that the casualty or manslaughter was not the result of this gross recklessness.

To  prove your innocence or to get the best outcome for your case, MacGregor and Collins has successfully defended  numerous Gross Vehicular Manslaughter While Intoxicated cases. Call (949) 250-6097 to speak to a manslaughter and DUI lawyer today.

Learn more about other California Section Penal Codes here.