Gross Vehicular Manslaughter While Intoxicated – CPC Section 191.5(a)

California Penal Code Section 191.5(a) addresses gross vehicular manslaughter while intoxicated, or GVMI. According to the Penal Code, GVMI occurs when you commit an additional wrongful act while driving under the influence. Therefore, a West Covina criminal lawyer will explain to you that you cannot be convicted of GVMI unless you are also guilty of the underlying driving while under the influence charge.

Prosecutor’s Burden

The prosecutor has the burden of proving several elements to convict you of GVMI. For example, the prosecutor must first show that you were driving under the influence of a controlled substance like alcohol or drugs. In addition, the prosecutor must demonstrate that you committed an additional wrongful act with gross negligence. This additional wrongful act committed with gross negligence must result in the death of another person. Examples of wrongful acts include speeding or driving recklessly. A West Covina criminal lawyer will therefore explain to you that this situation is unique and only applies if you are driving under the influence and then commit an act that is likely to result in the death of another.

Penalties You May Face

If you are convicted of GVMI you will face several penalties for this felony. For example,  you can face  up to ten years  in prison if this is your first offense. In addition,  the judge has the authority to assess  a maximum fine of $10,000  in addition to community service. Your license may also be restricted or suspended for a period of time to be determined by the California Department of Motor Vehicles.

Possible Defenses

A West Covina criminal lawyer may recommend several defenses for your case. For example, a West Covina criminal lawyer may begin by challenging whether you were actually intoxicated by attacking any evidence the prosecutor presents to establish this requisite condition. To do this, your lawyer may challenge the method the arresting officer used to obtain your breath or blood sample. For example, the officer may have improperly used the equipment, like a breathalyzer. In addition, your lawyer may also be able to show that you did not act with gross negligence by reviewing the facts of your case.

If you face a GVMI charge, you need representation from an experienced West Covina criminal lawyer like Daniel Cota. Mr. Cota takes great pride in doing everything in his power to achieve the best outcome for his clients. If you would like to arrange for a free consultation, call (800) 351-6860 today.

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