"The statute under which Gomez was convicted punished voluntary, involuntary, and vehicular manslaughter, according to the California legislature's wording."
"The [California] statute . . . refers to this crime as vehicular manslaughter while intoxicated, without gross negligence. Conviction . . . requires proof of four elements: 1) driving a vehicle while under the influence of drugs or alcohol in violation of the California vehicle code, 2) while also committing another misdemeanor or infraction or an otherwise lawful act that might cause death, 3) in a negligent manner, 4) where the negligent conduct causes the death of another person."
"It appears there is a growing trend of at least twenty states that punish drunk driving homicides when the defendant possesses no culpable mental state or his mens rea is only ordinary negligence. But it is still exceedingly rare for such offenses to be classified as manslaughter. Instead, it appears more common for state legislatures to create new offenses, such as vehicular homicide, to cover such conduct."
