Vehicular Manslaughter

What is Vehicular Manslaughter?

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The sentencing and punishment for vehicular manslaughter or homicide in California can be severe. There are five types of vehicular manslaughter, each with its own punishment.^A

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Vehicular manslaughter is driving a vehicle with ordinary negligence that results in the unlawful killing of a human being.¹

To convict you of vehicular manslaughter with ordinary negligence, the prosecution must prove the following:

1. While driving, you committed a misdemeanor, an infraction, or a lawful act in an unlawful manner;

2. The misdemeanor, infraction, or otherwise lawful act was dangerous to human life under the circumstances;

3. You committed the misdemeanor, infraction, or otherwise lawful act with ordinary negligence;

AND

4. The misdemeanor, an infraction, or a lawful act caused the death of another person.²

Ordinary negligence is the failure to use reasonable care to prevent reasonably foreseeable harm to oneself or someone else. A person is negligent if he or she:

does something that a reasonably careful person would not do in the same situation or
fails to do something that a reasonably careful person would do in the same situation.³

GROSS VEHICULAR MANSLAUGHTER

Gross vehicular manslaughter is driving a vehicle with gross negligence that results in the unlawful killing of a human being.⁴

To convict you of gross vehicular manslaughter, the prosecution must prove the following:

1. You drove;

2. While driving, you committed a misdemeanor, infraction, or otherwise lawful act that might cause death;

3. You committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence;

3. AND

4. Your grossly negligent conduct caused the death of another person. ⁵

Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when:

1. He or she acts in a reckless way that creates a high risk of death or great bodily injury;

AND

2. A reasonable person would have known that acting in that way would create such a risk.

Examples of Gross negligence:

a. Participating in a sideshow

b. Engaging in a motor vehicle speed contest

c. Speeding over 100 miles per hour.

Cases of vehicular manslaughter are tragic for everyone involved. They typically revolve around car crashes where the driver or passenger of the car you hit dies from injuries caused by the impact.

However, you can also be convicted of this offense if a passenger in your vehicle dies as a result of your reckless actions.

The key elements that the prosecution must prove are whether you were driving at the time of the accident and whether your actions were considered criminally negligent.

Defenses to Vehicular Manslaughter

There are defenses that a California vehicular manslaughter defense lawyer, Richard Wagner, can raise on your behalf. Your attorney can argue:

You were driving without negligence
Your actions did not cause death
You were not driving the vehicle
You were suddenly and unexpectedly confronted with actual or reasonably apparent imminent peril

The clock begins to tick the moment a crash occurs. In serious cases, authorities should investigate the cause of a collision promptly.

Road conditions change, evidence vanishes, vehicles alter/destroy, electronic evidence is lost, and memories fade. Photographs and measurements of the damage should be taken.

Many vehicles have data recorders, such as Global Positioning Systems (GPS) or cameras or Electronic Data Recorders (EDRs).

A skilled criminal defense attorney can raise defenses like these. But they depend on a careful review of the facts of your case.

Contact The Law Office of Richard Wagner in California for more information on vehicular manslaughter defense (714) 403-6317

Vehicular Manslaughter Punishment

According to California Penal Code section 193, the sentencing and punishment for vehicular manslaughter depend upon whether the offense is charged as a misdemeanor or felony.

Gross Vehicular manslaughter is punishable either by up to 1 year in county jail or state prison for 2, 4, or 6 years. Vehicular manslaughter with ordinary negligence is punishable by up to a year in the county jail.

The DMV can also suspend your driver's license if you are convicted of this offense. VC 13361(c).

If you or a loved one have been arrested and want more information about vehicular manslaughter, it is critical that you meet with an experienced DUI attorney as soon as possible.

For more information or to schedule your free consultation, contact Richard Wagner at (714) 721-4423.

LEGAL AUTHORITIES

^{A Penal Code Sections 191.5, 192, 192.5, 193; Vehicle Code Section 13351 (three-year driver's license suspension for vehicular manslaughter conviction)}

^{1 California Penal Code Section 192(c)(2)}

^{2. CALCRIM No. 593.}

^{3. See Note 2.}

^{4. California Penal Code Section 192(c)(1)}

^{5. CALCRIM No. 592}

VEHICULAR MANSLAUGHTER