Vehicular Manslaughter While Intoxicated occurs when a person commits both Driving Under the Influence (DUI) and a grossly negligent act, and as a result another person is killed. The law states that 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 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. Examples of Vehicular Manslaughter White Intoxicated are consuming methamphetamine (DUI of Drugs) driving recklessly and killing another person or driving with a BAC of 0.08% and hitting a pedestrian who sustains injuries which cause their death.
What does the prosecutor have to prove?
1. The driver of a vehicle violated Vehicle Code section 23140, 23152, or 23153.
2. The killing was either the proximate result of the commission of an unlawful act, not amounting to a felony and with gross negligence. or
2. The killing was the proximate result of the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
3. That unlawful or negligent act was the cause of death of a human being.
With probation 0-364 days