California, United States of America
The following excerpt is from People v. Diaz, E054229 (Cal. App. 2013):
The third element of the crime is that the defendant committed the infraction with gross negligence. "[G]ross negligence can be shown by the manner in which the defendant operated the vehicle, that is, the overall circumstances (rather than the mere fact) of the traffic law violation." (People v. Von Staden (1987) 195 Cal.App.3d 1423, 1427-1428.) Those overall circumstances include the defendant's intoxication and the manner in which the defendant drove. (Ibid.) In that case, the court upheld the jury's
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