Palmdale Man Accused of DUI and Vehicular Manslaughter
Late last month, 24-year old Palmdale resident Michael Hemperly crashed his 2001 Porsche into a tree on Bouquet Canyon, a winding road in Santa Clarita, California. His 26-year old passenger, Rancho Cucamonga resident Marissa Hodges was killed as a result.
Although the case is still under investigation, authorities announced that Hemperly was arrested for felony drunk driving, vehicular manslaughter, and possession of a controlled substance.
Whether prosecutors charge Hemperly with Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law or Penal Code 191.5(b) “vehicular manslaughter while intoxicated” will depend on what the investigation reveals.
If the facts reveal that…in addition to driving under the influence…Hemperly committed an additional wrongful act with gross negligence, prosecutors will likely file the more serious charge Penal Code 191.5(a), California’s gross vehicular manslaughter while intoxicated law.
However, if the facts demonstrate that Hemperly only acted with “ordinary” negligence, they may pursue the less serious charge of ordinary vehicular manslaughter while intoxicated.
The less serious charge may be filed as either a misdemeanor or a felony and carries no mandatory jail or prison time. However, Penal Code 191.5(a) California’s gross vehicular manslaughter while intoxicated law is a straight felony that subjects an offender to four to ten years in the California state prison or to 15 years-to-life if he has a prior PC 191.5 conviction or two or more prior DUI convictions.
