Gross Vehicular Manslaughter is similar to Gross Vehicular Manslaughter While Intoxicated without the requirement that the driver be under the influence of drugs or alcohol when the accident occurred. Vehicular manslaughter is defined as a person driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence, or driving a vehicle in the commission of a lawful act which might produce death.
What does the prosecutor have to prove?
1. A human being was killed.
2. The killing was unlawful.
3. Defendant drove a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence. or
3. Defendant drove a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
With probation 0-364 days
Misdemeanor: 0-364 days
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