vehicular manslaughter while intoxicated
TRANSCRIPT
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