Contact Us for a Consultation (559) 266-5555

PC 191.5 Gross Vehicular Manslaughter or Vehicular Manslaughter While Intoxicated -- Punishment | Fresno Criminal Defense Attorney

PC 191.5 Gross Vehicular Manslaughter or Vehicular Manslaughter While Intoxicated -- Punishment

Gross 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, 23152,  or 23153 of eh Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(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, 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.

(c)(1) Except as provided in subdivisions (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of subdivisions (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years.

(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph(1) of subdivisions (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Section 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state Prison for a term of 15 years to life.  Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.

(e)  This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.

(f) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.

(g) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.

Also See DUI Page

Return To Home Page

Get the Help You Need

Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

Schedule Today

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.

Menu