What is the test for a driver convicted of gross vehicular manslaughter while intoxicated?

California, United States of America


The following excerpt is from People v. Batchelor, 178 Cal.Rptr.3d 28, 229 Cal.App.4th 1102 (Cal. App. 2014):

In People v. Ochoa, the court determined that the evidence was sufficient to support the defendant's conviction of gross vehicular manslaughter while intoxicated when the 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 and dangerous lane changes (i) without signaling, and (j) without braking to avoid colliding with his victims' vehicle. (People v. Ochoa, supra, 6 Cal.4th at p. 1208, 26 Cal.Rptr.2d 23, 864 P.2d 103.)

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