Southern California Men Plead Guilty to Gross Vehicular Manslaughter while Intoxicated
Two men (ages 21 and 24) pleaded guilty to charges under Penal Code 191.5a gross vehicular manslaughter while intoxicated last Friday in Pomona, California. The charges stem from an incident when a female passenger was killed last year when one of the men lost control of his car while they were street racing. Each man faces ten years in the California State Prison.
What distinguishes Penal Code 191.5a gross vehicular manslaughter while intoxicated from Penal Code 191.5b “ordinary” vehicular manslaughter while intoxicated is the level of culpability.
If the men hadn’t been racing…but were guilty of DUI and had an accident that caused the woman’s death…they could have alternatively been charged with DUI with injury or ordinary vehicular manslaughter while intoxicated. Both of these charges are “wobblers” which means prosecutors have the discretion to charge the offenses as either misdemeanors or felonies.
But because the men were accused of racing…reaching speeds of more than 80mph…and were DUI, their conduct is charged as an automatic felony. Gross vehicular manslaughter is charged when an individual drives under the influence and commits an additional act that is likely to result in death. In this case, driving at speeds in excess of 80mph on the street (while racing and DUI) is considered a “reckless act with disregard for human life”…an act which elevates ordinary negligence to gross negligence.
