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California Penal Code 191.5(b)
California Penal Code 191.5(b) addresses a serious form of manslaughter known as Vehicular Manslaughter While Intoxicated, a crime that occurs when a person causes the death of another individual while driving under the influence of alcohol or drugs, but without gross negligence. This contrasts with Section 191.5(a), which applies when the driver exhibits gross negligence in addition to driving intoxicated.
Elements of the Crime
To secure a conviction under California Penal Code 191.5(b), the prosecutor must prove several key elements:
- Intoxication: The defendant was driving a vehicle while under the influence of alcohol or drugs, violating California’s DUI laws such as Vehicle Code 23152(a) or 23152(b), which prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher.
- Negligence: The defendant must have acted with ordinary negligence, which refers to failing to act with the level of care that a reasonably careful person would exercise in the same situation. Unlike gross negligence under 191.5(a), ordinary negligence does not demonstrate a reckless disregard for human life but still results in fatal consequences.
- Causation: The driver’s negligent actions must directly lead to the death of another person.
Penalties for Violating Penal Code 191.5(b)
A violation of Section 191.5(b) can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. This classification is known as a wobbler offense.
- Misdemeanor: If charged as a misdemeanor, the defendant may face up to one year in county jail, along with fines that can reach $1,000.
- Felony: If charged as a felony, the potential consequences are more severe, including 16 months, two years, or four years in state prison. Fines can go up to $10,000.
Additionally, a conviction for vehicular manslaughter while intoxicated will typically result in the suspension of the defendant’s driver’s license for a minimum of three years.
Differences Between Penal Code 191.5(b) and 191.5(a)
Penal Code 191.5(b) differs from 191.5(a) in the level of negligence involved. Gross vehicular manslaughter under 191.5(a) requires gross negligence, meaning the driver’s actions showed a complete disregard for the safety of others, which is considered more severe. Consequently, the penalties under 191.5(a) are harsher, with potential state prison sentences ranging from 4 to 10 years. In contrast, 191.5(b) addresses cases of ordinary negligence, which carries lesser penalties.
Defenses to a Penal Code 191.5(b) Charge
There are several defenses a skilled attorney might use to challenge a 191.5(b) charge:
- Lack of Intoxication: The defendant can argue that they were not intoxicated at the time of the incident, possibly using evidence to dispute the validity of breath or blood test results.
- Absence of Negligence: Another defense is to show that the driver was not negligent, or that any negligence did not contribute to the death.
- Causation: The defense might argue that the defendant’s actions were not the direct cause of death. Factors such as road conditions, the actions of other drivers, or the decedent’s own behavior could be cited to challenge causation.
Related Offenses
Other related crimes include:
- Gross Vehicular Manslaughter While Intoxicated (Penal Code 191.5(a)) – Involves gross negligence and carries harsher penalties.
- Vehicular Manslaughter (Penal Code 192(c)) – Involves negligence but does not require the driver to be intoxicated.
Contact a Criminal Defense Attorney
If you or someone you know is facing charges under Penal Code 191.5(b), it’s crucial to seek legal representation immediately. These cases are highly complex, and the penalties can be severe. The legal team at Power Trial Lawyers has experience in defending clients against these charges in both Los Angeles and Orange County.
Call Power Trial Lawyers today at 213-800-7664 or visit www.powertriallawyers.com to schedule a free consultation. Our criminal defense attorneys will review your case in detail and explore every possible defense strategy to protect your rights and your future.