Gross Vehicular Manslaughter - (No DUI Alleged)

Gross vehicular manslaughter is a felony vehicular manslaughter that (1) does not involve drunk diving or DUI, but (2) does involve the exercise of gross negligence. An example would be an otherwise sober driver who engages in a street drag race, and kills someone in the course of the race. The penalty for gross vehicular manslaughter in California is up to six years of state prison.

The California Judicial Council Jury Instruction defining what the prosecution must prove in a gross vehicular manslaughter case:

To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that:

1. The defendant drove a vehicle or operated a vessel;

2. While driving that vehicle or operating that vessel, the defendant committed a misdemeanor or infraction or otherwise lawful act that might cause death;

3. The defendant committed the misdemeanor or infraction or otherwise lawful act that might cause death with gross negligence;

AND

4. The defendant's grossly negligent conduct caused the death of another person.

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when:

1. He or she acts in a reckless way that creates a high risk of death or great bodily injury;

AND

2. A reasonable person would have known that acting in that way would create such a risk.

LESSER INCLUDED OFFENSES OF GROSS VEHICULAR MANSLAUGHTER

• Vehicular Manslaughter With Ordinary Negligence. Penal Code, § 192(c)(2)
• Manslaughter During Operation of a Vessel Without Gross Negligence. Penal Code, § 192.5(b).