MENU

Riverside:

(951) 667-5293

Orange County:

(714) 758-5293

who you hire can make all the difference

Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

request a free consultation
  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

Request Consultation

request a free confidential consultation

*all fields are required
  • This field is for validation purposes and should be left unchanged.

California Penal Code 191.5 | Gross Vehicular Manslaughter While Intoxicated

Posted in California Law,Drunk Driving on August 26, 2024

If you cause a motor vehicle accident while you are intoxicated and someone dies as a result, you can face the serious crime of gross vehicular manslaughter while intoxicated. Your life hangs in the balance if you are facing such serious criminal charges, as a conviction can result in years behind bars, a loss of your driving privileges, and a criminal record that follows you around for the rest of your life. Take the first step to protect your rights by contacting award-winning vehicle manslaughter lawyer Graham D. Donath.

What Is Gross Vehicular Manslaughter While Intoxicated?

California Penal Code 191.5 defines this offense and the potential penalties. You can be charged with this offense if you drove a vehicle while you were impaired by drugs or alcohol, you committed another unlawful offense that could cause death, you committed that offense with gross negligence, and someone died as a proximate result of your driving. Here is more information about what each of these elements means:

Impairment

The prosecution must prove that you were impaired by drugs or alcohol or that you drove a motor vehicle with a blood alcohol content of 0.08% or higher.

Commission of a Misdemeanor, Infraction, or Lawful Act That Could Result in Death

In addition to showing your impairment, the prosecution must also establish that you committed some other act that could result in death.  This could be a crime that is not a felony, a traffic offense, or even a lawful act if it could result in death. For example, you may have been speeding or driving recklessly.

We offer criminal defense for vehicle manslaughter

Gross Negligence

The infraction, misdemeanor, or lawful act you commit must have involved gross negligence for the prosecution to establish guilt. Gross negligence goes beyond ordinary negligence and involves acting recklessly in a way that creates a high risk of great bodily injury or death, and a reasonable person would have known about this risk. Your actions must be much different than the actions of a reasonably careful person under the circumstances and must demonstrate a disregard for human life or indifference to the consequences of your actions.

Death

Your grossly negligent conduct must be the proximate cause of someone’s death. Your acts must be the direct, natural, and probable consequence of the death.

Penalties for Gross Vehicular Manslaughter While Intoxicated

Gross vehicular manslaughter while intoxicated is a felony offense. Conviction can result in up to ten years in prison, up to $10,000 in fines, and felony probation for a first-time offense. However, if you have a prior conviction of vehicular manslaughter while intoxicated, DUI, gross vehicular manslaughter, gross vehicular manslaughter while intoxicated, or DUI causing injury, you can face penalties of 15 years to life. This offense can result in a strike under California’s Three Strikes law.

Contact a Riverside Vehicle Manslaughter Lawyer Today

One bad night of drinking should not ruin the rest of your life. If you are facing charges of gross vehicular manslaughter while intoxicated, turn to a board-certified criminal defense lawyer in Riverside who can evaluate your particular situation and develop a tailored legal defense for them. Contact the Law Offices of Graham D. Donath, APC and request a free and confidential case review.