One of the more serious offenses you could be charged with in the state of California is vehicular manslaughter while intoxicated. Under California Penal Code section 191, you could face severe criminal penalties if you are convicted of this offense.
Not only could you be facing jail or prison time and fines, but there are considerable other penalties you could also experience if you are found guilty. Take steps to protect your future today. Contact a dedicated criminal defense attorney to discuss potential defenses against vehicular manslaughter while intoxicated charges.
What Is California Penal Code 191 PC?
Under California Penal Code 191, vehicular manslaughter while intoxicated charges apply if you have been accused of driving under the influence of alcohol while acting with negligence or gross negligence. This is generally considered a felony offense.
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When Can You Be Charged with a Crime Under Penal Code 191 PC?
To be charged with vehicular manslaughter while intoxicated, the state’s prosecuting attorney must be able to prove the following:
- That you were driving a vehicle while under the influence of drugs or alcohol, meaning that you had a blood alcohol content level that was at or above the legal limit or were otherwise under the influence of drugs
- That you were driving a vehicle under the influence of drugs or alcohol while committing an infraction, misdemeanor, or felony that carried a risk of death or otherwise acted in negligence
- That your negligent actions caused another person’s death
It is important to note that you could be charged with vehicle or manslaughter while intoxicated for ordinary negligence as well as gross negligence. Failure to use reasonable care is also grounds for criminal charges, particularly when another reasonable party would not have made the same decision. Some examples of instances that could warrant vehicle or manslaughter while intoxicated charges include:
- Driving drunk and distracted and crashing into a bicyclist, causing their death
- Driving drunk and sideswiping another vehicle, thereby causing a passenger’s death
- Failure to yield to the right of way at an intersection, causing a T-bone accident that kills another driver
While vehicular manslaughter while intoxicated is a serious offense, DUI murder is far more severe. If you have managed to avoid DUI murder charges, your attorney may be able to help you get rehabilitative health, enter into a plea agreement with the state’s prosecuting attorney, or otherwise prepare a powerful defense against the vehicle or manslaughter while intoxicated charges against you.
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Are There Crimes Related to Penal Code 191 PC?
There are multiple other crimes you could be charged with in relation to California Penal Code 191 for vehicular manslaughter while intoxicated. Some of these offenses include:
- Vehicular manslaughter under California Penal Code 192
- Gross vehicular manslaughter while intoxicated under California Penal Code 191
- DUI murder or Watson murder under California Penal Code 187
Your criminal defense lawyer can help you understand the severity of the charges against you. In some instances, you may be charged with a misdemeanor. However, the majority of vehicular manslaughter while intoxicated and other related charges will be at the felony level.
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How to Challenge Charges Under Penal Code 191 PC
To defend yourself against vehicular manslaughter while intoxicated charges against you, you will need to work closely with your attorney to develop a compelling defense strategy.
Some of the more common defenses used in cases involving California Penal Code 191 include:
- The defendant was not under the influence of drugs or alcohol – If you were not at or above the legal limit for alcohol, or under the influence of drugs, you cannot be found guilty of vehicle or manslaughter while intoxicated.
- The defendant was not driving while under the influence of drugs or alcohol – If you were not driving while under the influence of drugs or alcohol, you cannot be responsible for causing another person’s death through vehicle or manslaughter.
- The defendant’s actions were not negligent – If your actions were not considered negligent, you should not be found guilty under California Penal Code 191
- The defendant’s actions did not cause another person’s death – If the defendant is not responsible for causing someone else’s death, the vehicle or manslaughter while intoxicated charges should not apply
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What Are the Consequences of a Penal Code 191 PC Conviction?
If you are found guilty of vehicle or manslaughter while intoxicated under California Penal Code 191, the consequences could vary depending on whether you are charged with a misdemeanor or a felony. Vehicular manslaughter while intoxicated may be considered a wobbler offense. This means you can be charged with a felony or a misdemeanor based on the specific details of your case.
If you were found guilty of misdemeanor vehicular manslaughter while intoxicated, you could spend up to one year in county jail. Alternatively, if you were found guilty of felony vehicular manslaughter while intoxicated charges, you could spend up to four years in a California state prison.
Misdemeanor convictions carry fines as high as $1,000, while felony convictions carry fines as high as $10,000. You could also be ordered to participate in group therapy or mental health counseling, attend anger management treatment and drug or alcohol rehabilitation programs, and other criminal penalties if you are convicted.
Can You Get a Conviction Under Penal Code 191 PC Expunged?
Your ability to obtain expungement for a conviction under California Penal Code 191 will be based on whether you were charged with a misdemeanor or a felony. The majority of felony convictions are not eligible for expungement.
However, if you were convicted of misdemeanor vehicular manslaughter while intoxicated, you may be eligible for expunction if you meet the eligibility requirements under California law.
Contact a Criminal Defense Attorney for Help Today
Vehicular manslaughter while intoxicated is illegal under California Penal Code 191. However, you still have the right to defend yourself when you are accused. Work with an experienced criminal defense lawyer to determine which defense is most likely to produce a favorable outcome in your case.
Start working on your defense strategy today. Call our office or submit our contact form for a confidential review of the charges against you.
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