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FIRM ARTICLES
November 7th, 2005
Vehicular Manslaughter Cal. Penal Code 192
By Michael D. Grahn, Attorney at Law and Natalie Banach
The screeching of tires and smashing of car parts can signify the beginning of a horrifying experience in someones life. Getting into a car accident can produce a slew of emotional and physical problems and whats more, when a death occurs, criminal allegations can enter into the mix.
Under certain circumstances, when death occurs, either to a passenger, a nearby pedestrian or a person in the car that was struck, a charge of vehicular manslaughter can be brought against the driver of the offending vehicle. (Cal. Penal Code 192.) Accordingly, it is important to understand how a tragic accident can also become a criminal charge.
In many cases, an accident causing death is the result of negligence by the driver. When this negligence is coupled with the commission of a crime not constituting a felony, such as violation of speed limits or driving under the influence, vehicular manslaughter may be charged against the driver. (Cal. Penal Code 192(c).)
Vehicular manslaughter entails the unintentional, yet unlawful, killing of another human being as the result of a car accident. The crime requires proof that the death resulted from a driver operating an automobile with gross negligence or simple negligence and in violation of some law not amounting to a felony.
An important aspect of vehicular manslaughter entails the drivers violation of a law. If a person is driving negligently and in violation of any traffic law, he can be charged with vehicular manslaughter if the death of a human being occurs. This means that whether someone is driving a few miles over the speed limit or driving under the influence, a criminal charge can be brought against him or her if negligent driving causes the death of a human being.
One of the standards that will often be tested in cases of death via a car accident is gross negligence. Gross negligence is defined as exercising so slight a degree of care so as to raise a presumption of conscience indifference. (See, People v. Watson (1981) Cal.3d 290, 296.) For example, assume Tom is taking medication recommending that he not drive or operate any vehicles for a three-hour period. Tom waits two-and-a-half hours, decides he is more than capable of driving, and on the way to the store hits and kills a pedestrian he did not see (because the medication had impaired his sight). In this instance, Tom can be charged with vehicular manslaughter and gross negligence because he was told not to drive and knowingly accepted the risks when he got into is car to go to the store. Gross negligence is usually more than simple disregard, but just shy of intentional evil.
For example, consider a situation where John is driving his automobile in his residential neighborhood at 50 miles per hour (well over the speed limit). John sees a number of people walking on the sidewalk, but fails to see one of his neighbors, Jane, steps off the sidewalk and into the street. Johns car strikes and kills Jane. In this instance, John could be charged with vehicular manslaughter because he (a) killed a human being, (b) violated a law not constituting a felony, the speed limit and (c) clearly exhibited gross negligence by driving so fast in a residential neighborhood.
Vehicular manslaughter can be charged either as a misdemeanor or as a felony, depending on the severity of the situation and whether the driver was merely negligent or grossly negligent in operating the vehicle. (Cal. Penal Code 193(c).) A misdemeanor could result in the maximum punishment of a year in county jail and a fine, while a felony conviction could result in a state prison term. (Id.) Other consequences of vehicular manslaughter can include probation or parole, and the loss of driving privileges.
In contrast to vehicular manslaughter, an instance of a purely tragic accident, with no criminal culpability, would have to involve a completely safe and vigilant driver. For example, Susan is driving within the speed limit on a residential street and is thoroughly aware of her surroundings. Out of nowhere her neighbor runs into the street thinking there were no cars. Susan strikes and kills her neighbor. This case could be considered a tragic accident, since Susan was driving safely and observantly, adhering to all the laws and could not have predicted that her neighbor would run into the street.
Thus, anyone involved in an auto accident where injury or death occurs would be well-advised to seek legal advice in order to determine whether he faces the possibility of criminal prosecution.