Pasadena Vehicular Manslaughter Penal Code 191.5 PC

vehicular manslaughterPASADENA VEHICULAR MANSLAUGHTER PENAL CODE 191.5(B) PC

PASADENA DUI ATTORNEY

Pasadena Vehicular Manslaughter under California Penal Code Section 191.5(b) PC and California Penal Code Section 191.5(a) PC may be charged when the driver of a vehicle causes a collision by violating a traffic law or driving in a negligent manner and someone dies as a result of this driving conduct. For both of these offenses, being under the influence of drugs and/or alcohol is an element of the crime. However, those who are involved in a fatal accident and drugs and/or alcohol are not involved can still potentially be charged with Pasadena Vehicular Manslaughter under California Penal Code Section 192(c) PC.

Just like with Pasadena DUI with Injury cases, Pasadena Vehicular Manslaughter can be charged as a felony level offense and carries enhanced Pasadena DUI Penalties.

Pasadena Vehicular Manslaughter While Intoxicated Charges

California Penal Code Section 191.5(b) PC – Vehicular Manslaughter While Intoxicated

In order to prove Pasadena Vehicular Manslaughter While Intoxicated under California Penal Code Section 191.5(b), the prosecutor must be able to prove the following:

  1. That the driver involved in a fatal collision was under the influence of drugs or alcohol at the time of the incident, and,

  2. That the driver negligently committed an unlawful act or a lawful but dangerous act, and

  3. That this negligence caused the death of another person.

Pasadena Vehicular Manslaughter While Intoxicated is a “wobbler” which can be charged as either a felony or misdemeanor, depending on the facts of the case and the criminal history of the defendant. If charged as a felony, penalties include prison time, substantial fines and restitution to the victim’s family.

California Penal Code Section 191.5(a) PC – Gross Vehicular Manslaughter While Intoxicated

In order to prove Pasadena Vehicular Manslaughter While Intoxicated under California Penal Code Section 191.5(a) PC, the prosecutor must be able to prove the following:

  1. That the driver involved in a fatal collision was under the influence of drugs or alcohol at the time of the incident, and,

  2. That the driver was ‘grossly’ negligent and committed an unlawful act or a lawful but dangerous act, and

  3. That this negligence caused the death of another person.

Gross negligence requires something more than ordinary carelessness, inattentiveness or lapses in judgment. Someone acts with gross negligence when he or she acts in a reckless manner that causes a high risk of death or great bodily injury and a reasonable person would have known that acting in this manner would create this risk. Pasadena Gross Vehicular Manslaughter is a felony level offense.

Merely driving under the influence of drugs or alcohol is not enough to satisfy the ordinary negligence or gross negligence requirement. In determining whether there is “gross negligence,” the level of intoxication, the manner of driving and any other relevant factors need to be taken into consideration.

“Great bodily injury” means a serious physical injury that is more extensive than a minor or moderate injury.

An act will be considered to have caused the death of another if the death was a direct consequence of the action and had the act not taken place, the death would not have occurred. A “natural and probable consequence” is one that a reasonable person would expect to occur without unusual intervention. In determining whether a consequence was “natural and probable,” it is important to evaluate the entirety of the circumstances.

While a person can die as a result of numerous actions or causes, the act in question must have been a substantial factor in the death of the victim. This means that the act in question must go beyond being minor or trivial.

If you or a loved one have been involved in a fatal automobile accident, and drugs or alcohol were involved, it is critical that you contact Pasadena Vehicular Manslaughter Attorney Michael Kraut. He is highly experienced at handling charges of this nature and providing his clients with the best representation possible. The sooner Mr. Kraut is working on your case, the sooner he can bring in his team of investigators and experts to proactively attack the prosecutor’s case and evidence. Mr. Kraut can bring in professionals to complete accident reconstructions, review toxicology reports and perform independent toxicology analysis, and locate and take statements from favorable witnesses.

Frequently, law enforcement will file excessive charges so that people will simply plead to state prison sentences. However, there may be evidence that was missed that could help exonerate the defendant. In many cases, Mr. Kraut is able to present a case to the district attorney before charges have been filed in order to avoid more serious felony charges. As a former deputy district attorney with over 14 years of prosecutorial experiences, Mr. Kraut is highly respected by prosecutors and law enforcement as a fierce defender of his clients’ rights. Mr. Kraut was a Deputy District Attorney at the Pasadena Courthouse.

For more information about Pasadena Vehicular Manslaughter, and to schedule your free consultation, contact Pasadena Vehicular Manslaughter Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.

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