MacGregor & Collins, lLP Articles Possible Vehicular Manslaughter Case in Death of USC Student

Possible Vehicular Manslaughter Case in Death of USC Student

By MacGregor & Collins, LLP  Mar. 19, 2013 12:25p

Saint Patrick's Day was filled with a mix of celebration and mourning in California this past weekend. To kick off the event, numerous party goers slipped in a drink or two and more than a handful ended up behind bars for DUI arrests.

The total number of arrests has not yet been disclosed to the public. However, news reports by the LA Times confirmed that a USC student was killed in the wee hours of Sunday morning from a suspected drunk driver. It's confirmed by police officers on the scene that a female in her twenties failed to stop at a red light, and subsequently killed Xinhai who was in the passenger seat. The campus is approximately six miles away from the campus.

If prosecuted for vehicular manslaughter while intoxicated, the defendant will face under California Penal Code 191.5 B the following:

  • Misdemeanor Vehicular Manslaughter While Intoxicated – which is penalized by up to one year in jail and up to one thousand in fines.
  • Felony Vehicular Manslaughter While Intoxicated – which is penalized by up to four years in prison and up to ten thousand in fines.

Other penalties include participating in DUI School, paying compensation to the victim's family, community service, license suspension, and others. The prosecution will however need to prove that the following occurred:

  • The female in the case was intoxicated and driving over the legal limit – and based on her age. If she were under 21, different proceedings may apply.
  • The driver was maneuvering the vehicle recklessly
  • This recklessness led to the victim's death.

Another charge the offender may possibly face includes Gross Vehicular Manslaughter While Intoxicated under California Penal Code 191.5 A. In this case there needs to be proof that the driver was grossly negligent, and that she was under the influence of drugs or alcohol. The penalties for this crime include up to ten years in prison and up to ten thousand fines – along with other penalties discussed above.

In addition, if the driver held a prior DUI on her record, this prison sentence can go up to fifteen years. All drivers are furthermore required to submit DUI offenses to his or her insurance provider.

If you are facing charges for California Penal Code Section 191.5 B Vehicular Manslaughter While Intoxicated, call MacGregor & Collins today at (949) 250-6097. The defense team can work to lower the charges and get the best outcome for your case.

Written by Randy Collins

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