Gross vehicular manslaughter while intoxicated is one of the felony charges a driver in California may face if they kill someone while driving under the influence. The person killed may be a driver or passenger in another vehicle or a passenger in the intoxicated driver’s vehicle. In order for the prosecutor to prove their client’s case, they must prove that the driver was intoxicated and that they committed either an unlawful act or an otherwise lawful act that caused the death of another person. Prosecutors must also prove that the driver acted with gross negligence in the accident.
Fox 5 San Diego reports that a passenger has died after an accident on State Route 76.
The incident occurred at about 11 p.m. on Saturday on SR-76 near Pala Del Norte.
According to the California Highway Patrol, 53-year-old Juan Hart was driving a 2006 Infiniti G35 heading west on SR-76 when his car crossed the double yellow lines in an attempt to pass another vehicle.
He lost control of the vehicle, slid onto the embankment on the north side of the roadway, and the vehicle overturned. The passenger in the vehicle, a 23-year-old man, was partially ejected from the vehicle.
First responders took both the driver and the passenger to a hospital in Escondido. The driver suffered from serious injuries but is expected to survive. The passenger succumbed to his injuries at the hospital.
The driver is in the care of the hospital but was arrested on charges of driving under the influence.