Gross Vehicular Manslaughter Defenses - California Penal Code 191.5(a) PC

Your actions did not amount to gross negligence

A strong gross vehicular manslaughter defense may include: your actions were not the cause of death.

Your actions were not the cause of death

You were not under the influence of drugs or alcohol

• Breathalyzer Test: A breathalyzer is a device used by the police to determine your blood alcohol content (BAC) by measuring the amount of alcohol in your breath. Breathalyzers are not always 100% accurate and results can vary with temperature, body weight, and calibration. An attorney can raise many of these concerns on your behalf and show the judge and jury that such evidence is not conclusive of intoxication.

• Your Appearance: In order to establish that you were driving under the influence of drugs or alcohol, police officers will often testify to observable symptoms of intoxication you exhibited during the traffic stop. These include watery or bloodshot eyes, slurred speech, and slow reaction time. Although these are commonly cited as signs that you are under the influence of drugs or alcohol, they can also be explained by a variety of other factors such as illness, allergies, exhaustion or nervousness. An experienced defense attorney can argue that these symptoms were simply the product of an existing physical condition rather than an indication that you were intoxicated.

• Field Sobriety Test (FST): Field sobriety tests or FSTs are designed to reveal how the presence of drugs or alcohol in your system has impaired your ability to drive safely. Since these tests rely on your own individual balance, coordination, and memory, those with physical or mental disabilities often face great difficulty in performing these tests regardless of whether or not they were intoxicated. Even if you do possess the physical and mental ability to pass these tests, something unrelated to intoxication could have made it difficult or impossible for you to perform under the circumstances.

Failure to follow police procedures

Califronia gross vehicular manslaughter while intoxicated defense attorneys at Wallin & Klarich

Contact the attorneys at Wallin & Klarich today if you have been charged with vehicular manslaughter while under the influence