Penal Code 191.5(b) PC | Vehicular Manslaughter while Intoxicated

Penal Code 191.5(b) PC – Vehicular Manslaughter While Intoxicated

Vehicular manslaughter while intoxicated is a serious criminal offense in California that involves causing the death of another person while driving under the influence of alcohol or drugs. Specifically, it falls under California Penal Code 191.5(b) and is known as vehicular manslaughter while intoxicated with ordinary negligence.

This charge comes with some hefty penalties and consequences that can completely change your life. That’s why it’s so important to understand exactly what it means, how you can be charged, possible defenses, and what to do if you find yourself facing charges.

What Does 191.5(b) PC Mean?

Let’s break down the key parts of this law:

• Vehicular manslaughter – Causing the death of a person with a vehicle
• While intoxicated – Driving under the influence of alcohol and/or drugs
• Ordinary negligence – Failing to use reasonable care that an ordinary person would use in the same situation

So in simple terms, 191.5(b) PC means causing someone’s death with your vehicle while you were driving under the influence and failed to use reasonable care. It’s essentially a DUI that turned fatal due to your negligent actions.

How Can I Be Charged?

For you to face charges under 191.5(b) PC, the prosecution must prove these key elements:

• You were driving while intoxicated – your BAC was 0.08% or higher or you were under the influence of drugs
• While driving under the influence, you committed an unlawful act or failed to perform a lawful act (like running a red light or stop sign, speeding, etc.)
• You committed this act with ordinary negligence – you failed to use reasonable care and your actions are what a reasonable person would consider negligent
• Your negligent actions while driving under the influence caused the death of another person

Some examples of how you could be charged include:

• Causing an accident while texting and driving with a BAC of 0.10% that results in a fatality
• Speeding through an intersection while under the influence of marijuana and hitting another car, killing the driver
• Rear-ending another vehicle at high speed because you were distracted and drunk, causing the other driver to die

How is This Different From Gross Vehicular Manslaughter 191.5(a) PC?

There are two types of vehicular manslaughter while intoxicated charges in California – (a) and (b). The main difference is the level of negligence involved:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• Gross negligence (191.5(a) PC) – Your actions showed a reckless disregard for human life and created a high risk of death or serious injury. Basically you were driving in an extremely dangerous and reckless manner.
• Ordinary negligence (191.5(b) PC) – You failed to use reasonable care and your actions would be considered negligent by a reasonable person. Your driving was careless but not to the extreme level of gross negligence.

Gross vehicular manslaughter is charged as a felony with more severe punishments, while ordinary vehicular manslaughter can be charged as a misdemeanor or felony.

What Are the Penalties If Convicted?

Since vehicular manslaughter while intoxicated under 191.5(b) PC is a wobbler offense, it can be charged as either a misdemeanor or felony. This gives the prosecution some discretion on how to charge you based on the circumstances of the case.

If charged as misdemeanor, possible penalties include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation
• Restitution to the victim’s family
• Suspension of your driver’s license

If charged as a felony, potential penalties increase to:

• 16 months, 2 years or 4 years in state prison
• Fines up to $10,000
• Restitution to the victim’s family
• Up to 6 additional years if other victims suffered serious injuries

These penalties are in addition to any imposed for the DUI charges as well. And a conviction will stay on your criminal record permanently.

What Are Some Possible Defenses?

While the penalties for 191.5(b) PC are severe, the prosecution must still prove their case against you. There are several defenses an experienced DUI lawyer may use to fight the charges, such as:

• You were not actually impaired – Challenge the evidence and tests that show you were over the legal BAC limit or under the influence of drugs. Question the accuracy of breathalyzers and blood tests.
• No negligence – Argue that your driving did not meet the criteria for negligence, and you exercised reasonable care in your actions.
• Not the cause – Make the case that your actions did not actually cause the accident and death. For example, the other driver ran a red light and struck your vehicle.
• Lack of intent – Vehicular manslaughter is unique in that it does not require intent or malice. You did not intend for the accident to happen.

An experienced DUI defense lawyer can assess the evidence against you and determine the best defense strategy for your specific case.

What Should I Do if Charged with 191.5(b) PC?

Being charged with vehicular manslaughter while intoxicated is extremely serious and can completely devastate your life. Here are some steps to take immediately:

• Remain silent – Do not admit guilt or make statements to the police without an attorney present. What you say can be used against you.
• Hire an attorney – An experienced DUI defense lawyer can protect your rights, build defenses on your behalf, and negotiate reduced charges or sentences if appropriate.
• Seek counseling – The emotional trauma of being involved in a fatal DUI accident can be overwhelming. Seek support from professionals, friends and family.
• Avoid social media – Do not post anything regarding the incident online, as it may be used against you.

Facing criminal charges of any kind can be scary and confusing. But with the help of an attorney who understands DUI law and vehicular manslaughter charges, you can build the strongest case possible. Don’t leave your fate up to chance – take action today.