California has two vehicular manslaughter laws that are described under Penal Code 191.5(a) and 191.5(b). The difference between the two is that under PC 191.5(a), the driver is considered to have acted with gross negligence in a way that they knew would put others at risk. PC 191.5(b) means that the driver acted with just ordinary negligence.
191.5(a) is the more serious of the charges, known as gross vehicular manslaughter while intoxicated or gross DUI manslaughter. Gross vehicular manslaughter while intoxicated is only one step below a DUI murder charge. If convicted, the driver faces 4, 6, or 10 years in state prison. The driver will also carry felony status which restricts their rights and affect future employment opportunities.
Fox 5 San Diego reports that a woman has been sentenced to 9 years in prison for a fatal DUI crash.
On Thursday, 56-year-old Maritza Millan was sentenced to nearly nine years in state prison.
In March, Millan pleaded guilty to charges of gross vehicular manslaughter while intoxicated and DUI causing injury. The plea deal stipulated an 8-year, 8-month prison sentence.
The crash that led to the charges occurred August 3, 2019 at around 4 p.m. on Valley Center Road. The CHP reported that Millan tried to pass another vehicle and crashed head-on into a Toyota Corolla.
A backseat passenger in the Toyota died while being taken to the hospital. The driver and the front-seat passenger in the Toyota suffered from major injuries.
Milan also suffered from moderate injuries in the crash.