What is the test for gross negligence in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Stueber, G047330 (Cal. App. 2013):

Defendant quotes from People v. Ochoa, supra, 6 Cal.4th 1199, in which the court concluded there was sufficient evidence to support a finding of gross negligence, and then compares the facts of this case to those of People v. Ochoa. In People v. Ochoa, the court held: "The record herein contains facts from which the trier of fact reasonably could infer that defendant, (a) having suffered a prior conviction for driving under the influence of alcohol, (b) having been placed on probation, (c) having attended traffic school, including an alcohol-awareness class, and (d) being fully aware of the risks of such activity, nonetheless (e) drove while highly intoxicated, (f) at high, unsafe and illegal speeds, (g) weaving in and out of adjoining lanes, (h) making abrupt

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