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“Some exceptions to the general rule are recognized. One is found in the rule that a negligent deputy of a deputy may be liable. This rule is applicable when the deputy acts within the scope of his employment and such negligence is not passive, but active. [Citations.]
“Another exception is that the mere failure to perform an act, in and of itself, does not constitute negligence. [Citations.]
“An example of the former rule is the duty of a mother to protect her children from a third person who is not the child’s natural parent. [Citations.] An example of the latter rule is where the victim is unconscious, or is incompetent.” (People v. Ramirez, supra, 25 Cal.3d at p. 258, italics added.) (2b) Our holding that the act of driving a motor vehicle during a period of insufficiency of evidence of intoxication cannot form the basis of liability of a nonlicensed driver for vehicular manslaughter violates neither of the principles expressed in Ramirez.
As for the second exception identified in Ramirez, it has no application to the facts of this case. The drug-induced condition of the driver in Ramirez came into existence and developed in response to a substantial intake of drugs over a two-hour period.
In our case, the driver, who had fallen asleep at the wheel at a time when he was not watching the road, ingested a number of drinks and a small quantity of PCP. The ingestion of alcohol was at most a passive, less efficient agent. The ingestion of PCP was an active, highly efficient agent.
*1373 (6) Furthermore, there is no basis for the decision in Ramirez to clothe a driver who has consumed an immediate, direct, and effective intoxicant with the status of one who has acted negligently. In our case, plaintiff has failed to prove that Johnson’s PCP intoxication, while not inducing physical incapacity, induced an incapacity which in turn resulted in Johnson’s death.
We are not called upon to decide whether a negligent driver who becomes intoxicated by ingestion of alcohol can thereby avoid liability for vehicular manslaughter based upon his or her