vehicular manslaughter while intoxicated

Vehicular Manslaughter

While IntoxicatedPresented By The Aizman law Firm

What Is It?

It is the unlawful killing of a human

being.

How?

It occurs while driving a vehicle (in

violation of the Vehicle Code) but it

is without malice.

How Does the

Prosecutor

Prove it?

In order to prove someone is guilty of this

offense, the prosecutor has to prove the

elements:

1. The defendant was driving under the

influence of alcohol and/or drugs while

having a BAC of 0.08 or higher;

2. If the defendant was under the age of

21, they were driving under the

influence with a BAC of 0.05 or higher;

3. While driving under the influence, the

defendant also committed a

misdemeanor or infraction, or

otherwise lawful act that might cause

death.

4. The defendant’s negligent conduct caused

the death of another person

Legal Defenses

1. The death was the result of a sudden

emergency.

1. The death was the result of a sudden

emergency

2. It was not your negligence that led to

the death; or

1. The death was the result of a sudden emergency

2. It was not your negligence that led to the death; or

3. There is insufficient evidence of intoxication.

Misdemeanor

Penalties

1. Up to a year in jail

2. Maximum fine of $1,000.

Felony Penalties

1. 16 months, 2 or 4 years in California

State Prison,

1. 16 months, 2 or 4 years in California

State Prison,

2. An additional consecutive 3-6 year

sentence, and

1. 16 months, 2 or 4 years in California

State Prison,

2. An additional consecutive 3-6 year

sentence, and

3. A fine of up to $10,000 can be added

if any surviving victim(s) suffer from

great bodily injury.

Aizman Law Firm

(818) 860-7057

http://www.aizmanlaw.com