San Rafael DUI attorney explains court decision clarifying the purpose of a DUI aspect of vehicular manslaughter.
Penal Code §191.5 defines the crime of gross vehicular manslaughter or vehicular manslaughter as involving someone who is driving under the influence or at a .08 blood alcohol concentration or higher. Vehicle Code §20001(c) establishes an additional five year term of imprisonment in state prison for someone “who flees the scene of the crime after committing a violation of Penal Code §191.5 or Penal Code §192.”
California’s Third District Appellate Court, in People v. Vela (2012), found that the prohibited conduct for this particular enhancement is, in essence, fleeing the scene of the accident. This aspect of the case is often argued by a San Rafael DUI attorney, a Santa Rosa DUI attorney or a Napa DUI attorney. The Court explained that the purpose of the enhancement is not to compel a driver to stop and provide information or render assistance but, instead, is a law that is designed to specifically preserve evidence of driving under the influence and to act as a deterrent in that regard. The Court reasoned that any other holding would allow a defendant to escape punishment by stopping at the scene of the accident and then leaving before the police arrived.
Secondly, the court held that the manner in which a person leaves the scene is irrelevant. Whether they leave on foot or in a vehicle is of little consequence. This is of concern to San Rafael DUI lawyers, Santa Rosa DUI lawyers and Napa DUI lawyers.
The Court of Appeal held that any person who willfully leaves the scene by any method after committing gross vehicular manslaughter is definitely subject to the five year state prison enhancement. This law does not require the defendant actually escape detection or avoid apprehension. The word “flee” in the statute was held to mean “run away from or hasten off”. In this particular case, the defendant was walking quickly away from the accident scene and a police officer had to forcibly bring the defendant to the scene. This constituted sufficient information to sustain the enhancement.
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