Drunk Driving Is Not an LIO of Gross Vehicular Manslaughter
March 9th, 2021
The defendant in People v. Machuca (2020) 49 Cal.App.5th 393, 397 contended that his drunk driving convictions should be dismissed because VC 23153 (drunk driving) is a lesser included offense of gross vehicular manslaughter while intoxicated (PC 191.5, subd. (a)) when the offenses arise from a single incident. The reviewing court rejected this argument because this case involved separate victims.
Tags: CC 591, DUI/DWI, Lesser Included Offenses