| Vehicular Manslaughter
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| | defendant for the crime of murder.
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| Vehicular manslaughter is a type of
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| | Vehicular manslaughter can be charged as
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| involuntary manslaughter which does not
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| | a misdemeanor (minor crime with a maximum
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| require the element of an intention to
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| | punishment of a year in county jail or
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| kill. The only difference between a
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| | only a fine) or a felony (punishable by a
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| vehicular homicide and other homicides is
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| | term in state prison) depending on the
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| the use of a motor vehicle as a weapon,
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| | circumstances. Gross negligence or
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| as opposed to a gun or knife. This does
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| | driving a few miles over the speed limit
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| not change in any way the elements
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| | might be charged as a misdemeanor, but
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| required to be proved for murder. As long
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| | drunk driving resulting in a fatality is
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| as the elements for murder can be proved,
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| | most likely treated as a felony. Death
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| a vehicular homicide defendant can be
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| | of a passenger, including a loved one or
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| tried for murder just like someone who
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| | friend, can be vehicular manslaughter if
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| uses a gun.
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| | it is due to illegal driving.
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| | CPC193: Punishment
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| Vehicular manslaughter is defined in two
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| | (c) Vehicular manslaughter is punishable
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| California Penal Code Sections:
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| | as follows:
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| CPC 191.5:
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| | (1) A violation of paragraph (1) of
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| (a) Gross vehicular manslaughter while
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| | subdivision (c) of Section 192 is
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| intoxicated is the unlawful killing of a
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| | punishable either by imprisonment in the
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| human being without malice aforethought,
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| | county jail for not more than one year or
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| in the driving of a vehicle, where the
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| | by imprisonment in the state prison for
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| driving was in violation of Section
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| | two, four, or six years.
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| 23140, 23152, or 23153 of the Vehicle
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| | (2) A violation of paragraph (2) of
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| Code, and the killing was either the
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| | subdivision (c) of Section 192 is
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| proximate result of the commission of an
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| | punishable by imprisonment in the county
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| unlawful act, not amounting to a felony,
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| | jail for not more than one year.
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| and with gross negligence, or the
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| | (3) A violation of paragraph (3) of
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| proximate result of the commission of a
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| | subdivision (c) of Section 192 is
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| lawful act which might produce death, in
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| | punishable either by imprisonment in the
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| an unlawful manner, and with gross
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| | county jail for not more than one year or
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| negligence.
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| | by imprisonment in the state prison for
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| CPC 192:c) Vehicular manslaughter
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| | 16 months or two or four years.
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| (1) Except as provided in Section 191.5,
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| | (4) A violation of paragraph (4) of
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| driving a vehicle in the commission of an
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| | subdivision (c) of Section 192 is
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| unlawful act, not amounting to felony,
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| | punishable by imprisonment in the state
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| and with gross negligence; or driving a
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| | prison for 4, 6, or 10 years.
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| vehicle in the commission of a lawful act
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| | DARREN: FOLLOWING IS A SIMPLIFIED
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| which might produce death, in an unlawful
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| | EXPLANATION OF THE ABOVE SECTIONS; I HAVE
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| manner, and with gross negligence.
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| | INCLUDED BOTH THE PRIOR SECTIONS AND THE
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| (2) Except as provided in paragraph (3),
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| | FOLLOWING SIMPLIFICATION FOR YOUR REVIEW
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| driving a vehicle in the commission of an
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| | Punishment for vehicular manslaughter
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| unlawful act, not amounting to felony,
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| | depends on whether it was prosecuted as a
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| but without gross negligence; or driving
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| | misdemeanor or a felony. Following is a
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| a vehicle in the commission of a lawful
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| | short list of the most commonly
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| act which might produce death, in an
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| | encountered vehicular manslaughter crimes
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| unlawful manner, but without gross
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| | and punishments:
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| negligence.
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| | Penal Code Section 191.5: Vehicular
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| (3) Driving a vehicle in violation of
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| | manslaughter while intoxicated, with
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| Section 23140, 23152, or 23153 of the
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| | gross negligence may be punished by up to
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| Vehicle Code and in the commission of an
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| | one year in the county jail, or 4,6 or 10
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| unlawful act, not amounting to felony,
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| | years in the state prison. However,
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| but without gross negligence; or driving
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| | where there are one or more priors of
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| a vehicle in violation of Section 23140,
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| | this or certain other vehicular felonies,
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| 23152, or 23153 of the Vehicle Code and
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| | it may be punished by 15 years to life in
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| in the commission of a lawful act which
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| | the state prison
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| might produce death, in an unlawful
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| | Penal Code Section 192(c)(1): Vehicular
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| manner, but without gross negligence.
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| | manslaughter with gross negligence,
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| (4) Driving a vehicle in connection with
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| | without intoxication, may be punished by
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| a violation of paragraph (3) of
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| | up to one year in the county jail, or 2,
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| subdivision (a) of Section 550, where the
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| | 4, or 6 years in the state prison.
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| vehicular collision or vehicular accident
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| | Penal Code Section 192(c)(2): Vehicular
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| was knowingly caused for financial gain
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| | manslaughter without gross negligence and
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| and proximately resulted in the death of
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| | without intoxication may be punished by
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| any person. This provisionshall not be
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| | up to one year in the county jail.
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| construed to prevent prosecution of a
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