Glendale DUI Vehicular Manslaughter
Someone can be charged with Glendale Vehicular Manslaughter pursuant to California Penal Code Section 191.5(b) PC and/or California Penal Code Section 191.5(a) PC when they are driving a vehicle and are involved in an accident in which there was a violation of a traffic law or negligence and the collision results in a death. Both of these offenses involve impaired driving; however it is possible in some cases to be charged with Glendale Vehicular Manslaughter even when there were no drugs or alcohol involved. In those cases, charges of Glendale Vehicular Manslaughter under California Penal Code Section 192(c) PC may be filed.
California Penal Code Section 191.5(b) PC – Glendale Vehicular Manslaughter While Intoxicated
To prove the elements of Glendale Vehicular Manslaughter While Intoxicated under California Penal Code Section 191.5(b), the prosecutor must establish that a driver who was involved in an accident in which someone lost their life was under the influence of drugs or alcohol when the collision occurred, that the driver was negligent in their driving or committed an unlawful action, and that the death occurred as a result of the driver’s negligence.
Under the Penal Code, Glendale Vehicular Manslaughter While Intoxicated is a “wobbler” offense which may be charged as a felony or misdemeanor, depending on the circumstances of the case and the criminal history, if any, of the driver. If a Glendale Vehicular Manslaughter While Intoxicated allegation is charged as a felony, penalties would include prison time, court fines and victim restitution.
California Penal Code Section 191.5(a) – Glendale Gross Vehicular Manslaughter While Intoxicated
Glendale Gross Vehicular Manslaughter While Intoxicated is almost identical to Glendale Vehicular Manslaughter While Intoxicated, with the additional requirement that the prosecutor prove “gross” negligence. Gross negligence requires negligence beyond what would be considered ordinary carelessness, inattentiveness or misjudgments. A person exhibits gross negligence when that person engages in reckless activity that is inherently risky to the safety of others. The driver additionally should have known that acting in this manner is considered risky. Glendale Gross Vehicular Manslaughter While Intoxicated is always a felony.
The act of driving while intoxicated itself is not enough to constitute ordinary negligence or gross negligence. There has to be an additional negligent act or omission. However, in making a determination about whether “gross negligence” existed, the degree of intoxication, driving conduct, and any other relevant factors are considered.
“Great bodily injury,” as described in the statute, is defined as a serious physical injury that goes beyond a minor or moderate injury.
Also under the Glendale Gross Vehicular Manslaughter While Intoxicated statute, an act will be deemed to have caused the death of another person if that death was a direct consequence of the act, and if the act had not happened, the resulting death would not have taken place.
A “natural and probable consequence” is defined as something that would reasonably be expected to occur without some sort of intervention. In deciding if a consequence should be considered “natural and probable,” it is critical to weigh the entirety of the evidence.
An injured party can potentially die as a result of a variety of different acts. For the Glendale Gross Vehicular Manslaughter charge to be applicable, the defendant’s action must have constituted a substantial factor in the death of the victim. The act or omission must be more than minor or trivial.
If you or a loved one were involved in an automobile accident that resulted in the death of another, it is imperative that you contact a Glendale Vehicular Manslaughter attorney immediately. Glendale Vehicular Manslaughter Attorney Michael Kraut is adept at handling charges of this nature and making sure that his clients have the best defense possible. The sooner Mr. Kraut is retained and working on your case, the sooner he can activate his team of investigators and experts who can gather and evaluate crucial evidence that may have been missed. Mr. Kraut employs experts to perform accident reconstructions, evaluate toxicology reports and perform independent toxicology tests, as well as securing statements from favorable witnesses that may have been missed by law enforcement.
Prosecutors and law enforcement often charge these cases excessively so that people will simply plead quickly for state prison sentences. However, crucial evidence may have been overlooked that could exculpate the defendant. In many cases, Mr. Kraut is able to present this evidence to the district attorney to avoid or limit charges altogether. Mr. Kraut is a former deputy district attorney with over 14 years of prosecutorial experience. Mr. Kraut is highly respected throughout the court system as a dedicated advocate for his clients.
For more information about Glendale Vehicular Manslaughter, and to schedule your free consultation, contact Glendale Vehicular Manslaughter Attorney Michael Kraut at the Kraut Law Group located 121 W Lexington Dr, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-507-9123.