The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending misdemeanor and felony DUI defense clients in criminal cases and Mr. Wagner is ready to help you.
Vehicular Manslaughter Defense Lawyer in Orange County
Vehicular manslaughter is one of the most serious driving-related offenses in California. Whether you’re accused of ordinary negligence, gross negligence, or DUI-related homicide, the legal consequences can be life-changing: prison, permanent criminal record, license suspension, and more.
With over 27 years of courtroom experience and a background as a former DUI prosecutor, Richard Wagner is one of Orange County’s most trusted attorneys for defending against vehicular manslaughter charges. (714) 721-4423.
What Is Vehicular Manslaughter in California?
Under California Penal Code §192(c), vehicular manslaughter is defined as unlawfully killing another person while driving due to negligent or unlawful conduct.
There are two major forms:
- Vehicular Manslaughter with Ordinary Negligence – PC §192(c)(2)
This charge applies when someone:
- Commits a minor traffic violation or lawful act done unlawfully
- Acts with ordinary negligence
- Causes the death of another person
Ordinary negligence = failure to act as a reasonably careful person would.
Penalty:
- Misdemeanor
- Up to 1 year in county jail
- Possible probation, fines, and driver’s license suspension
- Vehicular Manslaughter with Gross Negligence – PC §192(c)(1)
This elevated charge applies when the defendant’s conduct:
- Involves reckless driving behavior (e.g., street racing, speeding excessively)
- Shows gross negligence—a blatant disregard for human life
- Causes the death of another person
Gross negligence goes beyond simple carelessness. It is acting in a way that any reasonable person would recognize as likely to result in serious injury or death.
Examples:
- Driving over 100 mph
- Sideshows or car stunts
- Texting while driving through intersections
- Fleeing from police
Penalty
- Felony
- 2, 4, or 6 years in California state prison
DUI-Related Vehicular Manslaughter Charges
Most first DUI offenses are charged as misdemeanors under California Vehicle Code Section 23152. However, in certain circumstances—such as if your DUI caused injury to another person, or you have a prior felony DUI conviction—your first DUI can be charged as a felony.
If alcohol or drugs are involved, prosecutors may pursue even more serious charges:
- PC §191.5(a): Gross Vehicular Manslaughter While Intoxicated (felony)
- PC §191.5(b): Vehicular Manslaughter While Intoxicated (misdemeanor or felony)
- PC §187: Second-Degree Murder (Watson Murder)
These DUI-related cases can carry sentences of 10+ years to life depending on the facts and prior DUI history.
Key Legal Definitions
- Ordinary Negligence: Simple carelessness or a lapse in judgment
- Gross Negligence: A reckless act showing disregard for life
- Implied Malice: Knowledge that your behavior could result in death, but acting anyway
- Watson Admonition: A DUI warning advising that future impaired driving resulting in death can lead to murder charges
Defenses Against Vehicular Manslaughter Charges
Richard Wagner evaluates every aspect of your case to build a strong defense. Possible strategies include:
- You were not the driver
- Your conduct was not negligent
- Another party caused the crash
- Mechanical failure or poor road conditions contributed
- You faced sudden peril or emergency
In DUI-related cases:
- Challenge the reliability of blood or breath tests
- Dispute probable cause for the traffic stop
- Demonstrate improper police procedures
DMV & Driver’s License Consequences
A conviction can lead to:
- Up to 3-year license suspension (VC §13361(c))
- Points on your driving record
- Insurance cancellation or rate increases
- Mandatory SR-22 insurance filings
Richard Wagner can represent you in DMV hearings and fight to restore or preserve your license.
Why Choose Richard Wagner?
- Former DUI prosecutor
- Over 27 years of courtroom experience
- 5-star rated on AVVO, Yelp, and Google
- Top 100 Trial Lawyers
- Named to Super Lawyers 2025
- Offices in Irvine and Rancho Cucamonga
Schedule Your Free Consultation
Whether you or a loved one is facing vehicular manslaughter charges—whether due to alleged negligence, a tragic accident, or DUI-related circumstances—early legal intervention can make all the difference.
Attorney Richard Wagner understands what’s at stake: your freedom, your license, and your future. With over two decades of courtroom experience and a proven record of results, he will fight aggressively to protect your rights and help you navigate this challenging time.
Call (714) 721-4423 now to schedule your free consultation with Orange County vehicular manslaughter attorney Richard Wagner.
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The Law Office of Richard Wagner, A Professional Corporation, has enjoyed years of success defending clients in criminal cases, including: Battery on Police Officer, Battery Against A Spouse, Bench Warrants, Burglary, Disturbing the Peace, Disorderly Conduct, Domestic Violence, Driving on a Suspended License, DUI, Expungements, Forgery, Grand Theft, Hit and Run, Indecent Misdemeanors, Vehicular Manslaughter While Intoxicated Without Gross Negligence, Violation of Protective Order. Richard Wagner is the best drunk driving defense attorney in the Orange County.
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