Driving negligently or illegally and killing a person in the process will result in criminal charges. You will face vehicular manslaughter charges, a violation of PC 192(c). A conviction depends on how best prosecutors prove their case. They will have to prove that you were negligent in your driving beyond a reasonable doubt. A conviction will result in significant prison time and fines, both significant adverse consequences for your life. Hiring a credible criminal defense attorney ensures that you put up a solid defense strategy in fighting the charges. Look to Chula Vista Criminal Attorney for your defense. Our experienced team is ready to offer help in your case.

Understanding Vehicular Manslaughter

Vehicular manslaughter, though a form of homicide, is unique because a car is primary in the killing of another. You can commit the crime in four ways, namely:

  • Vehicular manslaughter with gross negligence,
  • Ordinary vehicular manslaughter,
  • Vehicular manslaughter with financial gain as the motive, and
  • Vehicular manslaughter while intoxicated, a violation of PC 191.5

Each of the above four forms of vehicular manslaughter has elements prosecutors must prove for a conviction. Consequently, each form of vehicular manslaughter results in different penalties. 

  1. Vehicular Manslaughter With Gross Negligence

Section one of PC 192(c) that is 192(c)(1), states the following as the elements to be proven by the prosecution.

  • While driving, you committed an infraction, a misdemeanor, or a lawful act in a manner that could cause death
  • The infraction, misdemeanor, the legal action you committed was inherently dangerous to human life
  • You committed said acts with gross negligence
  • Your actions led to the death of another

Let us address key issues under Penal Code 192(c)(1).

Infraction, Misdemeanor, or Lawful Action

You must have committed actions other than a felony. Additionally, prosecutors must prove a direct link exists between the death of the victim in the case and your actions.

If you committed a felony, you would not face charges under Penal Code 192(c)(1). You will face charges under California’s felony murder rule.

Gross Negligence

Gross negligence is primary for a conviction under PC 192(c)(1). It goes beyond ordinary inattentiveness, carelessness, or error in judgment and only occurs in the following scenarios:

  • Recklessly acting, in this case, driving, in a manner that creates a significant risk of great bodily harm or death.
  • Additionally, a reasonable person would have known that acting in that manner would cause the risk.

The element of gross negligence is explained in a defendant’s actions, contrary to what a reasonable person would have taken. These actions show a disregard for human life.

Causing the Death of Another

You will only be found guilty if your actions result in the death of another. Therefore, death must be a direct, probable, or natural consequence of your actions.

The reasonable standard is also pivotal. You are only guilty if a reasonable person would conclude that death was a likely consequence of your actions.

PC 192(c)(1) requires that gross negligence be a significant contributor to the demise of another but not the only cause of death.

  1. Misdemeanor Vehicular Manslaughter

PC 192(c)(2) details the following as the elements prosecutors must prove for a conviction for ordinary vehicular manslaughter, a misdemeanor offense.

  • While driving, you committed an infraction, a misdemeanor, or a lawful act in a manner that could cause death
  • Under the circumstances, your actions were dangerous to human life
  • You committed said actions with ordinary negligence, that is, you failed to exercise reasonable care that could prevent foreseeable harm to another. Therefore, a simple error in judgment, carelessness, or inattentiveness will result in a conviction under this section
  • Your actions resulted in the death of another

  1. Vehicular Manslaughter With Financial Gain as the Motive

Killing another with a vehicle or for financial gain violates PC 192(c)(3). Prosecutors have to prove the following for a conviction under this section.

  • You deliberately caused or participated in a crash while driving a vehicle
  • You deliberately caused or participated in the crash with the intent to commit auto insurance fraud, that is, make a false insurance claim for financial gain
  • Your actions aimed at defrauding the insurance provider or another party
  • The crash resulted in the death of another

Penalties for Violating PC 192(c)

The penalties for a conviction under PC 192(c) vary based on the circumstances in your case. Additionally, judges consider a defendant’s criminal history when issuing sentences. It follows, therefore, any prior convictions and aggravating circumstances in your case significantly increase the severity of the penalties a judge will issue.

  1. Vehicular Manslaughter With Gross Negligence

A conviction for violating PC 192(c)(1) results in a misdemeanor or felony penalty because the violation is a wobbler. Prosecutors can either pursue misdemeanor or felony charges for wobbler offenses.

Misdemeanor convictions result in either a summary/misdemeanor probation or up to one year in jail. A judge may additionally impose a fine not exceeding $1,000.

If the circumstances in your case are severe or you have a criminal history, you will be charged with a felony. A conviction is punishable by up to two, four, or six years in prison and a fine of no more than $10,000. A judge may consider sentencing you to formal or felony probation instead of prison time. 

Additionally, the DMV will revoke your driver’s license. The DMV will only reinstate your driving privileges after three years. Driving during this period will result in being charged with a VC 14601 violation, driving on a suspended license, which results in additional penalties. 

  1. Misdemeanor Vehicular Manslaughter

If found guilty of vehicular manslaughter with ordinary negligence, you will be sentenced to up to one year in jail or serve summary probation terms. Additionally, a fine of up to $1,000 will be imposed.

  1. Vehicular Manslaughter for Financial Gain

A violation of PC 192(c)(3) is a felony offense. A judge will send you to serve out four, six, or ten years in prison and pay fines of up to $10,000 upon conviction.

Being found guilty of vehicular manslaughter for financial gain will also result in your driver’s license revocation. This order remains in effect for three years, during which you should not drive a vehicle. Doing so is a violation of VC 14601.

Vehicular Manslaughter While Intoxicated, A Violation Of PC 191.5

Killing another while driving under the influence is a grave offense punishable under PC 191.5. The crime is not severe enough to warrant a murder charge because it lacks malice aforethought. However, it is significant enough to result in felony charges because of gross negligence.

Prosecutors prove their case beyond reasonable doubt by establishing the following. If established, you will be found guilty under PC 191.5(a), vehicular manslaughter while intoxicated with gross negligence.

  • You drove under the influence of alcohol, evidenced by a blood-alcohol level (BAC) of 0.08% or higher, or drugs, or both.
  • You committed an infraction or a misdemeanor, or otherwise, a lawful act that could result in death while driving under the influence of alcohol or drugs
  • You committed the infraction, a misdemeanor, or otherwise a lawful act with gross negligence that resulted in the death of another. Some of the actions considered under this section include, but are not limited to, reckless or dangerous driving and speeding
  • Your grossly negligent actions resulted in the death of another individual

For defendants below 21 years, prosecutors must prove they were under 21 years at the time of committing the crime and had a BAC level of 0.05% or higher.

For a conviction under PC 191.5(b), prosecutors must prove the following.

  • You drove under the influence of alcohol, evidenced by a blood-alcohol level (BAC) of 0.08% or higher, or drugs, or both.
  • You committed an infraction or a misdemeanor, or otherwise, a lawful act that could result in death while driving under the influence of alcohol or drugs.
  • You committed an infraction or a misdemeanor, or otherwise, a lawful act that could result in death with ordinary negligence — For example, failing to turn on your headlights while driving in the dark.
  • Your negligent conduct resulted in the death of another individual.

Penalties for a PC 191.5 Violation

If convicted for a PC 191.5(a) violation, you will be sentenced to prison for four, six, or ten years and pay $10,000 in fines. A judge could also issue formal probation terms to be served out instead of prison time. 

You will be sentenced to 15 years to life should you have one or more prior convictions for the following offenses.

  • Vehicular manslaughter while intoxicated
  • Vehicular manslaughter with gross negligence, a PC 192(c)(1) violation
  • Vehicular manslaughter while operating a boat, a PC 192.5 violation
  • Driving under the influence of alcohol, a VC 23152 violation
  • DUI causing injury, a VC 23153 violation

It is also important to note that gross vehicular manslaughter while intoxicated is a strike-able offense. It follows that a conviction under PC 191.5 results in a strike on your criminal record under California’s Three-Strikes law. A strike attracts severe penalties for future convictions.

A conviction for a PC 191.5(b) violation results in either a misdemeanor or felony charge. Misdemeanors are punishable by a jail term of no more than one year and a fine not exceeding $1,000. Felony offenses, on the other hand, are punishable by 16 months, 2, or 4 years in jail and a fine of up to 10,000. 

Fighting Vehicular Manslaughter Charges

Accidents do happen all the time. However, prosecutors and the police often read criminal intent in otherwise unfortunate accidental cases. An experienced criminal attorney will help you prove this.

The circumstances of your case inform an attorney’s defense strategy. Therefore, any of the following defenses are options he/she can use if the circumstances call for it.

No Gross Negligence in Your Actions

Prosecutors must prove you were grossly negligent for a conviction.

Given the circumstances, gross negligence can only be proven if your actions deviate from what a reasonable person would do. However, each individual is unique in their decisions, given the circumstances, thus the reasonable standard is more subjective than objective.

Your decision right before the crash could have been unfortunate. However, that does not equate to gross negligence. Therefore, your attorney will present this defense to reduce your charges and, with that, the penalties.

There is No Direct Link Between Your Negligence and the Victim’s Death

The victim’s death should have been foreseeable based on your negligent actions. Proving foreseeability is not straightforward and a challenge for prosecutors to prove. This challenge creates a probability of doubt and an opportunity to challenge the prosecution’s case against you.

With the help of an accident reconstruction expert, your attorney will demonstrate to the court how other factors could have caused the victim’s death and not necessarily your actions.

You Faced a Sudden Emergency and Acted Reasonably Under the Circumstances

Anyone facing an emergency is expected to respond while exercising reasonable care and judgment. The standard remains that of an ordinary person. Your actions would not amount to negligence or gross negligence if you acted within this standard. Therefore you cannot be found guilty of vehicular manslaughter.

For example, a drunk pedestrian suddenly jumps onto the road, and you swerve your vehicle into oncoming traffic to avoid hitting the pedestrian. Your actions, however, cause a crash with another vehicle killing one of the passengers.     

In this case, you swerved to avoid hitting the pedestrian. Your actions do not point to negligence or gross negligence because your actions are within what an ordinary person would have done. Therefore, you will not be found guilty of vehicular manslaughter.

Insufficient Evidence of Intoxication

Prosecutors must prove you were intoxicated to secure a guilty verdict in a vehicular manslaughter while intoxicated case.

Once a BAC test is done, the primary assumption is that the alcohol in your blood results from consuming alcoholic beverages. This assumption ignores that medical conditions or consumption of certain foods can elevate an individual’s blood-alcohol level.

Additionally, faulty testing equipment and wrong procedures of administering alcohol tests can compromise the integrity of a BAC test. Thus, you can challenge its results.

Your attorney will present evidence supporting this defense if any of the above circumstances are true for your case.

Offenses Related to Vehicular Manslaughter

Prosecutors could opt to pursue Watson murder, an offense related to vehicular manslaughter if they believe you have a case to answer for.

Watson Murder

Watson murder is a crime prosecuted under PC 187. Offenders of the crime are convicted when proven to have killed another individual while driving under the influence and with a prior DUI conviction on their criminal record.

Watson murder or DUI murder is a form of second-degree murder. Watson murder originated from People v. Watson, a California supreme case that set a precedent for prosecuting DUI murder cases in California.

Prosecutors must prove you acted with implied malice. To demonstrate this, they must establish that:

  • You intentionally drove drunk or under the influence of drugs
  • An individual died because of your drunk or drugged driving
  • Your actions naturally posed a danger to human life
  • You knowingly and consciously acted with disregard to the risk you posed

As pointed to earlier, Watson murder is a form of second-degree murder. For second-degree murders, the offender has no intention to kill your victim, and the lack of intent to kill another in Watson murders is proven through implied malice.

Implied malice requires special knowledge of the dangers of driving under the influence of alcohol or drugs. Special knowledge goes beyond the assumption that every driver knows of the inherent risks DUIs pose.

Prosecutors, therefore, rely on the following in demonstrating implied malice.

  • You signed or were read to a Watson admonition for a prior DUI conviction
  • You attended a court-mandated DUI program or a prior DUI conviction
  • You had specialized knowledge of drunk or drugged driving risks owing to your profession — Under this element, police officers, paramedics, or other professions with first-hand knowledge of the potential consequences of driving under the influence have a case to answer.

Watson Admonition

Anyone convicted of a DUI offense is issued a Watson advisement during their sentencing. It is read to the defendant by a judge, or the defendant is asked to sign a form referred to as a Tahl warning.

By signing the form, you acknowledge understanding that alcohol or drugs impair your ability to operate a vehicle safely. Further, driving after consuming alcohol or drugs is dangerous to human life. If you drive under the influence of alcohol, drugs, or both and kill another, you could be charged in California with Murder.  

Prosecutors either present the Tahl waiver you signed or introduce into evidence the court docket showing that a judge read the Watson advisement during sentencing.

Attendance of a Court Mandated DUI Program

Prosecutors also rely on your attendance at a court-approved DUI school to prove implied malice. They will show that the course materials warned of the dangers of drunk or drugged driving.

Specialized Knowledge

Specialized knowledge as an element targets individuals with first-hand knowledge or awareness of the dangers drunk or drugged driving poses.

Watson murder is a severe charge. Therefore, the DA must prove the following elements for a conviction under PC 187.

  • You have multiple prior convictions for driving under the influence of drugs or alcohol.
  • You had an intent to drive prior to consuming alcohol or using drugs
  • Your BAC was extremely high at the time of driving — 0.15% is considered high
  • You drove recklessly
  • You possessed special knowledge of the risks of drunk or drugged driving.

Penalties for a Watson Murder Conviction

Since a Watson murder is a form of a second-degree murder charge, you will receive second-degree murder penalties if convicted.

The offense is punishable by a 15 year long to life imprisonment and a fine of up to $10,000. Pursuant to California’s Three Strikes Law, a strike will be added to your record. If the current conviction is a second strike offense, your penalties double. In this case, you could end up in prison for close to 30 years to life. For third strikes, offenders will face up to 25 years to life in prison for the current charge.

Additionally, if there were survivors in the crash, you will receive penalties for each surviving victim. You will serve a three to six-year prison sentence for each surviving victim who suffered significant bodily harm. You will be required to remain in prison for one to up to three years for surviving victims who suffered less severe injuries.

Statute of Limitations for Vehicular Manslaughter

Assembly Bill No. 835 offers the time limits in which prosecutors must file charges if you committed vehicular manslaughter and fled the scene of the accident. Prosecutors have to charge you within one or three years after the date of the accident or one year after you were identified as a suspect, whichever is later.  However, prosecutors cannot introduce charges past the sixth-year mark after the date of the accident.

Prosecutors also have six years to file their vehicular manslaughter with gross negligence charges.

Find an Experienced Driving Crimes Defense Attorney Near Me

Vehicular manslaughter imposes on a convicted offender hefty penalties. Even after doing time, the consequences of a conviction extend to an offender’s social and financial life. Friends, family, and the community tend to shun offenders. Property owners, employers, and financial institutions rarely want to be associated with anyone convicted of a crime. It gets that much harder to build back after a conviction.

Fighting the charges is the best way to avoid the negative repercussions. An experienced criminal defense attorney is your best option to have the vehicular manslaughter charges reduced or dismissed. At Chula Vista Criminal Attorney, our team is ready to offer legal representation so call us today at 619-877-6894.