What Is Vehicular Manslaughter in California?

Vehicular manslaughter, as defined under California Penal Code Section 192(c), occurs when a person unintentionally causes the death of another while driving, due to negligence, recklessness, or illegal activity. Unlike murder, vehicular manslaughter does not involve intent to kill, but prosecutors aggressively pursue these cases due to their serious consequences.

Key Elements of Vehicular Manslaughter in California

Under Penal Code 192(c), vehicular manslaughter is legally defined as:

“Manslaughter is the unlawful killing of a human being without malice… in the driving of a vehicle, in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner.”

To secure a vehicular manslaughter conviction, the prosecution must prove the following:

• You were driving a vehicle at the time of the incident.
• You acted with negligence or committed an unlawful act, such as speeding, reckless driving, or DUI.
• Your actions directly caused the death of another person.

Examples of Vehicular Manslaughter Cases

• Negligent Driving – A driver texting on their phone drifts into oncoming traffic and causes a fatal accident.
• Racing or Reckless Driving – A driver engages in street racing and crashes, leading to a fatality.
• DUI-Related Manslaughter – A driver under the influence of alcohol or drugs causes a deadly collision.
• Running a Red Light – A driver unlawfully runs a red light and strikes a pedestrian, causing fatal injuries.

Vehicular manslaughter charges depend on the degree of negligence involved. Our Los Angeles vehicular manslaughter lawyer can assess the facts of your case and build a strong defense to challenge the prosecution’s claims.

Key Differences Between Murder and Vehicular Manslaughter

The primary distinction between murder and vehicular manslaughter lies in the presence—or absence—of malice aforethought. In murder cases, the prosecution must prove that the driver acted with intent to kill or a reckless disregard for human life. However, vehicular manslaughter involves negligence rather than intent.

Reckless Intent vs. Negligence

• Murder (Penal Code 187 PC) – In vehicular homicide cases, a driver can be charged with second-degree murderif they acted with implied malice—meaning they knew their actions were likely to cause death but continued anyway. This is commonly known as a Watson murder, often applied to DUI-related deaths where the driver had prior knowledge of the dangers of impaired driving.
• Vehicular Manslaughter (Penal Code 192(c) PC) – Unlike murder, vehicular manslaughter does not require intent to kill. Instead, the prosecution must prove that the driver acted with ordinary negligence or gross negligence, resulting in someone’s death.

Examples of Situations That May Lead to Vehicular Manslaughter Charges:

• Speeding and Causing a Fatal Accident – If a driver is speeding excessively and crashes into another vehicle, causing a fatality, they could be charged with vehicular manslaughter if their actions were deemed negligent.
• Texting While Driving – A distracted driver who causes a fatal crash due to texting or using their phone may face vehicular manslaughter charges based on negligence.
• Street Racing – If a driver participates in illegal street racing and their reckless actions result in a fatal accident, they could be charged with gross vehicular manslaughter or even murder, depending on the circumstances.
• DUI-Related Fatalities – A first-time DUI offender who causes a fatal crash may be charged with vehicular manslaughter while intoxicated (PC 191.5). However, if the driver has prior DUI convictions and was warned about the dangers of impaired driving, the prosecution may pursue a Watson murder charge instead.

Penalties for Vehicular Manslaughter Under California Law

Standard Penalties for Vehicular Manslaughter

The penalties for vehicular manslaughter vary based on whether the offense involved ordinary negligence or gross negligence:

• Vehicular Manslaughter with Ordinary Negligence (Misdemeanor)
  • Up to 1 year in county jail
  • Fines of up to $1,000
  • Summary probation
  • Driver’s license suspension (case-dependent)
• Gross Vehicular Manslaughter (Felony)
  • 2, 4, or 6 years in state prison
  • Fines of up to $10,000
  • Formal probation (in some cases)
  • Driver’s license suspension or revocation

Sentence Enhancements and Aggravating Factors

• DUI Involvement: If you were under the influence of alcohol or drugs, your charges could be elevated to gross vehicular manslaughter while intoxicated or Watson murder.
• Hit-and-Run: Leaving the scene of a fatal accident can result in additional felony hit-and-run charges under Vehicle Code 20001 VC, carrying extra prison time and fines.
• Reckless Driving or Speeding: Engaging in street racing, excessive speeding, or other reckless behavior can lead to harsher sentencing.
• Prior Convictions: If you have a criminal history or prior DUI or reckless driving convictions, prosecutors may seek enhanced penalties under California’s Three Strikes Law.

Legal Defenses for Vehicular Manslaughter Charges

One potential defense against vehicular manslaughter charges is lack of negligence or fault. Under California Penal Code 192(c), the prosecution must prove that your actions were negligent and directly caused the fatal accident. If your attorney can demonstrate that you were driving safely and the crash was due to another driver’s negligence, poor road conditions, or an unavoidable mechanical failure, the charges may be dismissed or reduced.

Another common defense is sudden medical emergency. If you suffered an unexpected medical episode, such as a heart attack, seizure, or stroke, and lost control of your vehicle, your attorney may argue that you were not criminally responsible for the accident. California law recognizes that drivers cannot be held liable for accidents caused by unforeseen medical emergencies.

Additionally, no causal link between your actions and the death can serve as a defense. The prosecution must prove that your driving was the direct cause of the fatality. If another vehicle was involved, if road hazards contributed to the crash, or if the victim’s own actions played a role in the accident, your attorney may challenge the claim that you were responsible for the death.

In some cases, your lawyer may argue illegal search and seizure. If law enforcement conducted an improper vehicle stop, illegally searched your car, or failed to follow correct procedures, any evidence obtained may be ruled inadmissible in court. This can significantly weaken the prosecution’s case.

Lastly, insufficient evidence can be a powerful defense. Prosecutors must prove beyond a reasonable doubt that you committed vehicular manslaughter. If key evidence—such as witness testimony, accident reconstruction reports, or surveillance footage—is flawed, unreliable, or missing, your attorney can challenge the case and fight for a dismissal or reduction of charges.

Given the serious criminal and civil penalties associated with vehicular manslaughter, it is crucial to have an experienced Los Angeles vehicular manslaughter attorney who can analyze the details of your case, challenge the prosecution’s evidence, and build a strong defense strategy.