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Los Angeles & Southern California Vehicular Manslaughter Lawyers
California Vehicular Manslaughter Law
Our California criminal
defense attorneys defend clients against vehicular manslaughter
charges in the San Bernardino, Los Angeles, Riverside and Orange
County courts. Vehicular manslaughter may be charged when a
driver causes an accident (either by violating a traffic law
or by exercising negligence or “gross negligence”) and the accident
causes the death of another person.
If alcohol was involved, prosecutors tend to charge the drinking
party with vehicular manslaughter even if s/he was not at fault,
and even if the accident was unavoidable. Police, biased as
they are against drunk drivers, jump to the conclusion that
the drinking party was at fault. Police and CHP collision reports
tend to be hastily prepared, and slanted against the intoxicated
driver.
An experienced defense lawyer should be brought into the case
immediately—so that an independent toxicology analysis and accident
reconstruction can take place while the evidence is still fresh.
The sooner the defense investigation begins, the better.
At Southern California DUI Defense, our attorneys
have successfully handled vehicular manslaughter cases as both
prosecutors and defense lawyers. Our law enforcement background
is invaluable in these cases. We work with some of the top collision
and alcohol consultants in the state, many of them former police
investigators. And we have only one goal: to exonerate our clients
and keep them out of jail!
Vehicular Manslaughter Charges
Under California law, three primary vehicular manslaughter
offenses are most often charged:
Frequently Asked Questions About Vehicular Manslaughter Law
in California
Q: Is vehicular manslaughter a misdemeanor or a felony?
A: If the vehicular manslaughter does not involve gross negligence,
the prosecutor may charge it as a misdemeanor or a felony, depending
on the circumstances. Vehicular manslaughter with gross negligence
can only be charged as a felony.
Q: What is “Gross Negligence?”
A: Gross negligence is defined as driving without caution and
without concern for the safety of others. It means a high level
of recklessness. But a charge of “vehicular manslaughter with
gross negligence” may not be based merely upon driving under
the influence of alcohol. Other facts must be present, for example
speeding,
racing,
running
traffic lights, and/or ignoring the advice of others not
to drive.
Q: If the defendant was not intoxicated or under the influence
when the accident happened, can the prosecutor still charge
vehicular manslaughter?
A: Yes. Although DUI is often present in vehicular manslaughter
cases and can make the charge and the penalties more severe,
the offense can still be charged even if the driver was completely
sober. All that’s necessary is that the driver either (1) violates
a traffic
law or (2) exercises negligence (ordinary or gross negligence),
and this infraction or negligence causes the fatal accident.
Q: If I’m involved in an ordinary accident, such as a pile-up
on the freeway, and another party dies, can I be charged with
vehicular manslaughter?
A: Often times, yes. Even if you were not drinking, not speeding,
and not driving recklessly, the state can still charge you with
vehicular manslaughter if there is some evidence you violated
a traffic law and this violation caused the fatal accident.
Suppose, for example, you’re driving 55 on the freeway. The
car ahead of you slams on its breaks suddenly. You can’t stop
in time, and you hit the car. The other driver dies. The CHP
may say that you were violating California’s
“basic speed law” - driving too fast for the road and weather
conditions at the moment. (In fact, the CHP
says this is true any time you hit another car from behind).
Some prosecutors file vehicular manslaughter in this situation—even
though it’s a pure accident that could happen to anyone. Keep
in mind, however, that merely filing the vehicular manslaughter
charge does not mean they can prove it in court and win a conviction.
A good vehicular manslaughter defense lawyer may be able to
show that the accident was due to factors beyond the driver’s
control, and unavoidable.
Q: What are the penalties for vehicular manslaughter in California?
A: If the offense is a misdemeanor, up to one year in the county
jail. If felony DUI vehicular manslaughter (but without gross
negligence) is found, the sentence can be up to four years in
state prison. If felony DUI vehicular manslaughter with gross
negligence is found, the court can impose up to 10 years state
prison. Substantial drivers license suspensions may also be
imposed.
Q: How do defense lawyers fight a vehicular manslaughter charge?
A: When the allegation is vehicular manslaughter by a drunk
driver, there are two fronts upon which the defense must be
waged: (1) the intoxication level and (2) the cause of the accident.
As for the intoxication level, all the standard ways of fighting
a DUI apply: uncertainty about the accuracy of the BAC
testing devices, speculation as to the BAC level at the
time of driving, the possibility the driver had consumed some
alcohol but not enough to become under the influence, and a
shoddy DUI investigation by the police.
As for the cause of the accident, again, it is critical for
the defense team to conduct an independent accident reconstruction
with our own experts. The vehicular manslaughter charge rests
on the assumption that the defendant’s faulty driving caused
the accident. Police investigators are biased, and almost always
spin the evidence against the driver who has alcohol on his/her
breath.
Many times our defense investigations reveal that the faulty
driving of others, or road or weather conditions, or factors
beyond our client’s control, are partially or even completely
to blame for the accident. Uncovering these factors may lead
to dismissal, acquittal, charge
reductions or at the least, a more favorable resolution
of the client’s case.
Q: If a person’s drunk driving causes a fatal accident, can
he be charged with murder?
A: Sometimes, yes. The California
Supreme Court allows the prosecution of what have become
known as a “Watson Murder.” This can be charged when a person
does “an act, the natural consequences of which are dangerous
to life, which was deliberately performed by a person who knows
that his conduct endangers the life of another and who acts
with conscious disregard for life.” A person convicted of DUI
murder is sentenced to prison for 15 years to life.
Watson murders are usually charged only in the most extreme
circumstances, for example when a repeat DUI offender was heavily
intoxicated and driving very recklessly. The prosecutor must
show that the driver had a special knowledge or appreciation
of the dangers of drunk driving. For this, the district attorney
usually points to the fact that the defendant suffered a prior
DUI conviction, and attended an alcohol awareness class (such
as AB541).
Additional Resources on the Internet:
Vehicular
Manslaughter as a Global Problem
Discussion of traffic deaths as a global epidemic.
Riverside
DUI Defense Lawyers
DUI defense attorneys defending against drunk driving and vehicular
manslaughter charges in Riverside California, including Corona,
Temecula, Palm Springs and Indio.
Vehicular
Manslaughter Prosecution
Discussion of the prosecution of George Weller for vehicular
manslaughter in the Santa Monica Farmers Market tragedy.
Drivers
Safety Tips
The Share the Road Safely Program educates people about how
to prevent accidents, injuries, and deaths by sharing the road
safely with other types of vehicles.
Teen
Drivers Safety
Driving Safety issues for teens and young drivers.
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