What is the test for a motorcyclist to be found guilty of causing the death of a pedestrian by dangerous driving while intoxicated?

California, United States of America


The following excerpt is from People v. Fields, 13 Cal.4th 289, 52 Cal.Rptr.2d 282, 914 P.2d 832 (Cal. 1996):

2 The parties do not dispute that the offense charged in count II, vehicular manslaughter while intoxicated ( 192, subd. (c)(3)), is a lesser included offense to gross vehicular manslaughter while intoxicated ( 191.5, subd. (a)), charged in count I. The requisite element of gross negligence in section 191.5, subdivision (a), is satisfied by a showing that the accused exercised " 'so slight a degree of care as to raise a presumption of conscious indifference to the consequences.' " (People v. Ochoa (1993) 6 Cal.4th 1199, 1204, 26 Cal.Rptr.2d 23, 864 P.2d 103, quoting People v. Bennett (1991) 54 Cal.3d 1032, 1036, 2 Cal.Rptr.2d 8, 819 P.2d 849.)

Other Questions


What is the test for determining whether a motorcyclist can be found guilty of causing death by dangerous driving under a "special instruction" in a motor vehicle accident? (California, United States of America)
What is the aggravation factor in determining that a motorcyclist convicted of causing death by dangerous driving while intoxicated committed his crimes before his sentencing? (California, United States of America)
Can a driver who has a history of prior DUI convictions be found guilty of causing death by dangerous driving? (California, United States of America)
Can a jury return a guilty verdict on a charge of murder if it finds concurrent causes of death, even if the criminal act was not a principal cause of death? (California, United States of America)
In a retrial of a man found guilty of causing grievous bodily harm by dangerous driving, what is the test for determining whether or not he was capable of forming that 'malice' which distinguished murder from manslaughter? (California, United States of America)
Under what circumstances will a defendant be found guilty of recklessly causing grievous bodily harm by dangerous driving under the California Code of Civil Procedure? (California, United States of America)
Does a jury have to rely on a felony-murder theory in determining that a motorcyclist caused death by careless driving? (California, United States of America)
In what circumstances have courts found that a husband has been found guilty of contempt and/or contempt by reason of failing to show cause? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
What is the test for a driver to be found guilty of dangerous driving in a collision involving a delivery truck? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.