When an Accident Leads to Vehicular Manslaughter in California
Car accidents happen on a daily basis in California. There are small “fender benders” and serious accidents that lead to death. While the possibility of an accident is not something you tend to focus on regularly, things can quickly change. If you were at fault in a car crash that led to someone’s death, you could be facing some severe charges. In fact, you might be accused of vehicular manslaughter.
Vehicular manslaughter can be charged as either a misdemeanor or felony offense. The prosecution will look at whether you were engaging in negligent actions at the time of the deadly crash. If you were drunk when the accident took place, you could be charged with vehicular manslaughter while intoxicated, which falls under California Penal Code 191.5(b).
If You Were Drunk When the Fatal Crash Occurred
For the prosecution to successfully convict you of vehicular manslaughter while intoxicated, they will have to prove that you were in fact driving under the influence of drugs or alcohol. They will also need to show that you were driving in a negligent manner, which led to the other person’s death.
What you need to understand is that if you were drunk when the accident happened, the prosecution will likely charge you with vehicular manslaughter while intoxicated, even if you believe the crash was unavoidable or you were not at fault. The assumption is that since you were drunk, you are the one to blame.
If You Were Not Drunk When the Fatal Crash Occurred
Even if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play too, which basically means you disregarded the safety of others.
Contact a South Bay Criminal Attorney
Robert Ernenwein, an expert and experienced Los Angeles criminal defense lawyer, has over 30 years of experience defending persons accused of Vehicular Manslaughter. Mr. Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named as a “Super Lawyer” by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities Robert Ernenwein will bring to your Vehicular Manslaughter Defense are unmatched.