Vehicular Manslaughter

There are several types of Vehicular Manslaughter (“VM”).  Each is defined in California Penal Code 192.

To be convicted of VM with Gross Negligence, the prosecution must prove the following:

1. While operating a motor vehicle, you committed an infraction, a misdemeanor, or legal act that might cause death;
2. Under the circumstances, the act was dangerous to human life;
3. You acted with gross negligence; and
4. Another person died as a result of the act.

As indicated above, this crime requires you to commit an infraction, a misdemeanor, or a legal act that might cause death.  For example, someone who loses control of their vehicle because they are texting and driving, and causes the death of another driver, could be charged with this crime.  Note, that if the underlying crime is a felony, it is more likely that you will be charged with a more serious crime.

Additionally, you need to act with “gross negligence”.  This requires a showing of something beyond “ordinary negligence”.  A grossly negligent act creates a high risk of serious bodily injury or death.  Further, a grossly negligent act must be an act that a reasonable person would realize creates such a risk.  For example, attempting to pass a car by crossing onto the wrong side of the road at a blind turn and striking another vehicle head on, could amount to gross negligence. 

Lastly, VM with Gross Negligence requires that you caused the death of another person.  In other words, the death must be the probable, natural, and a direct result of your actions.  The question to ask is whether a reasonable person would understand that death is a likely outcome?

As the name suggests, Misdemeanor VM does not require the driver to be acting grossly negligent.  The elements are as follows:

1. While operating a motor vehicle, you committed an infraction, a misdemeanor, or legal act that might cause death;
2. Under the circumstances, the act was dangerous to human life;
3. You acted with “ordinary negligence”; and
4. Another person died as a result of the act.

As you can see, the only difference between Penal Code 192(c)(1) and Penal Code 192(c)(2) is the degree of negligence with which the driver acts.  All that ordinary negligence requires is that you fail to act as a reasonably prudent person would.  For example, something as simple as speeding could amount to ordinary negligence. 

This form of VM is less common.  It requires:

1. That you knowingly participate in, or cause, an accident while driving;
2. With the intent to defraud the insurance company by falsely file an insurance claim to collect money; and
3. The accident results in a death.

As you can see, this is a very specific crime, and it requires the prosecution to prove quite a bit with regard to the intent of the driver.  Essentially, this crime is an attempt to commit insurance fraud that results in a death. 

As with all crimes, the penalties for a VM conviction will vary depending on the specifics of the case.  Also, as you would imagine, the penalties also depend on which subsection you are convicted under. 

Like many of the crimes discussed on our website, VM with gross negligence can be brought as either a misdemeanor or a felony charge.  This will usually depend on the prior history of the driver, and the specific facts of the case.  

If charged with the misdemeanor offense, you can expect a penalty including the following:

• A maximum fine of $1,000;
• Some period of summary probation; and/or
• A maximum sentence of one (1) year in county jail.

Alternatively, if you are charged with a felony, the penalties become more severe:

• A maximum fine of $10,000;
• Some period of formal probation; and/or
• A maximum sentence of six (6) in state prison.

This crime carries essentially the same maximum penalties as the misdemeanor offense above:

• A maximum fine of $1,000;
• Some period of summary probation; and/or
• A maximum sentence of one (1) year in county jail.

This crime will always be brought as a felony charge.  As such, the penalties are more severe:

• A maximum fine of $10,000;
• A maximum sentence of ten (10) year in county jail.

A conviction for VM for financial gain or VM with gross negligence will also result in your driver’s license being revoked by the California Department of Motor Vehicles.  Your license will be revoked for a period of at least three (3) years.

If you have been charged with any of the offenses discussed above, it is extremely important that you consult with an experienced defense attorney as soon as possible.  There are a number of arguments that can be argued to reduce the charges against you, and/or prove your innocence.  Some of the more common defenses include:

As discussed above, in any VM case, the resulting death must be caused by the defendant’s negligence.  Just because a death resulted, does not necessarily mean you were the cause of it.  It could have been the result of the victim’s own negligence or have been caused by some third party.  This is why our defense team will in some cases, use an accident reconstruction expert.  In many cases, especially if alcohol is involved, the police report will assume the intoxicated driver was at fault for the accident.  Using an independent reconstruction expert allows us to better determine the actual cause of the accident.  

Unfortunately, in some cases, tragic accidents occur and nothing can be done to avoid them.  It is entirely possible that you were driving as a reasonably prudent driver would and were still involved in an accident.  In such a case, you should not be convicted of VM.  For example, if you swerved to avoid a cyclist and hit another car, you may have been acting reasonably even though you arguably caused the accident.   

Similarly, if charged with VM with Gross Negligence, your attorney can argue to have your charge reduced to simple VM.  The line between negligence and gross negligence can be extremely fine and the two can be difficult to distinguish.  This can be an effective strategy considering the difference in the penalties for the two crimes.   

If you were under the influence of drugs or alcohol during the course of your accident, it’s likely that you were instead charged with the crime of VM While Intoxicated. 

Therefore, in addition to the elements discussed above, VM While Intoxicated also requires the following elements to prove intoxication:

1. The driver’s ability to operate their vehicle was impaired as a result of alcohol consumption;
2. The driver’s BAC was greater than .08%; or
3. The driver’s ability to operate their vehicle was impaired as a result of drug use.

Like VM, VM While Intoxicated can involve either negligence or gross negligence. 

VM While Intoxicated (Without Gross Negligence) carries a maximum penalty of one (1) year in county jail or up to three (3) years in state prison.

If gross negligence is involved, the charge will be brought as a felony.  If convicted of the felony charge, the maximum prison sentence will be ten (10) years.

As a side note, it is worth mentioning that you cannot be convicted of both VM and VM While Intoxicated. This is because VM is a lesser included offense of VM While Intoxicated.

As you would guess, DUI Murder is a more serious crime than VM While Intoxicated.  DUI Murder, or “Watson Murder”, is essentially a charge of Second Degree Murder.  You are likely to be charged with Watson Murder if the following are true:

1. While driving under the influence of drugs and/or alcohol;
2. You cause the death of another person;
3. You have a prior DUI offense; and
4. You are aware of the dangers of driving while under the influence of drugs and/or alcohol.

Typically, the fourth (4^th) element is proven by something known as a “Watson Advisement”.  When someone is convicted of a DUI offense they often issued a Watson Advisement that puts them on notice of the dangers of driving while intoxicated, and that doing so can lead to a murder charge. 

Our defense team is extensively familiar with the law and knows what it takes to achieve the best possible results.  At your FREE consultation, we will be able to plan out the best course of action for defending your case.  We will also explain to you what you can expect to endure throughout the process of your case. 

As you know, a charge of Vehicular Manslaughter is very serious. You will want the best defense team available to defend your rights.  There are a number of arguments can make to defend against both the DUI, and Manslaughter, aspects of your case.  We will look for any inconsistencies in the police report, and question the validity of any breath or blood tests.  We can defend against the accusations that you were driving negligently, or grossly negligently, and/or that you were the legal cause of the resulting death.  The police report often assumes that the intoxicated party was responsible for the accident.  In our experience, this is not always the case. If necessary, we will even consult with an accident reconstruction expert to determine the true cause of the accident. Lastly we will do everything in our power to get the penalties you face reduced.  In light of the serious offenses and penalties you are facing, we strongly encourage you to call us as soon as possible.  The sooner you have an attorney, the sooner your rights will be protected.