Aug 16, 2018

This is what Marci Kitchen is charged with and information on penalties



Count 1 is vehicular manslaughter without gross negligence while being intoxicated (Jane Doe 1) ; Count 1 has two special allegations: fleeing the crime scene and multiple victims.

Count 2 is vehicular manslaughter without gross negligence while being intoxicated
(Jane Doe 2)

Count 3 is DUI; Alcohol while causing injury with two special allegations: great bodily injury resulting in brain injury and paralysis and multiple victims.

Count 4 is Hit and Run with Injury/Death.

Previous post:
https://johnchiv.blogspot.com/2018/08/if-you-thought-plea-in-marci-kitchen.html?m=1

Marci Kitchen is charged with PC 191.5 (b) That information is included in the link but the link also contains information on PC 191.5 (a):
https://www.shouselaw.com/gross-vehicle-manslaughter-intoxicated.html

Penal Code 191.5 ( b) vehicular manslaughter while intoxicated
PC 191.5(b) vehicular manslaughter while intoxicated has an identical legal definition to PC 191.5(a) gross vehicular manslaughter while intoxicated--except that for PC 191.5(b) you only need to have acted with ordinary negligence, not gross negligence.26

Ordinary negligence is when you fail to act the way a reasonably careful person would to avoid harm to someone else.27

PC 191.5(b) can be a useful charge reduction or plea bargain from PC 191.5(a) because the penalties are lighter. Attempting to reduce gross vehicular manslaughter while intoxicated charges to PC 191.5(b) is a common strategy when the evidence for gross negligence is weak.

Vehicular manslaughter while intoxicated without gross negligence is a wobbler--which means it can be charged as either a misdemeanor or a felony. The maximum misdemeanor sentence is one (1) year in county jail, and the maximum felony sentence is four (4) years in prison.

DUI while causing injury:
https://www.shouselaw.com/dui-injuries.html

Hit and run with injury:
https://www.shouselaw.com/felonyhr.html

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