California, United States of America
The following excerpt is from People v. Bartek-Felber, D056734, Super. Ct. No. JCF22604 (Cal. App. 2011):
3. Merely driving while intoxicated and violating traffic laws does not suffice to establish the offense of gross vehicular manslaughter while intoxicated. (People v. Ochoa (1993) 6 Cal.4th 1199, 1207.) This offense requires a showing of gross negligence (i.e., a conscious indifference to the consequences), which may be shown by such factors as the level of intoxication and prior driving under the influence convictions. (Id. at pp. 1204, 1207-1208.)
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