exiting the freeway. Her BAC was .08. Sadly 2 people were injured and one was killed. Our attorney said he brought it down from 32 to life, to 19 years. Rather than murder, she is being charged with gross vehicular manslaughter (the "gross" deriving from her prior, as she was driving the legal speed limit when the accident occurred). This is being charged as a "violent" crime (mandatory that she serves 85% of her sentence), though all the research I do says vehicular manslaughter is NOT considered violent. However, resources say that great bodily injury IS violent? How is vehicular manslaughter not violent, but great bodily injury IS? Is this typical for second offense DUI cases in CA? I just want to know why she isn't eligible for half time if her charge is not violent. Please help!
I agree with everyone that this is something that needs to be discussed with the lawyer. That being said, gross vehicular manslaughter while intoxicated can be punishable by life where the person was previously convicted of DUI, per 191.5(d). That makes it qualify as a serious and violent felony per penal codes 1192.7(c)(7) and 667.5(c)(1)&(7).
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