California Penal Code § 192 defines manslaughter as “the unlawful killing of a human being without malice.” Therefore, vehicular manslaughter occurs by killing another person without malice in a vehicle accident. Subsection (c) of the same statute separates vehicular manslaughter into the following categories:
- Vehicular manslaughter with gross negligence
- Vehicular manslaughter without gross negligence
- Vehicular manslaughter resulting from an accident that was caused for the purpose of financial gain
- Vehicular Manslaughter While Intoxicated
- When a person causes the death of another while driving under the influence of alcohol or drugs (DUI), they are guilty of vehicular manslaughter while intoxicated. The laws regarding this offense are found in Cal. Pen. Code § 191.5, where it separates the offense into two categories:
Vehicular manslaughter while intoxicated – Committed without gross negligence
Gross vehicular manslaughter – Committed with gross negligence
Each of these offenses are felonies, the first of which is punishable by 16 months, two, or three years in prison, and the second of which is punishable by four, six, or ten years in prison.
Fighting Charges of Vehicular Manslaughter
In order to press charges of this offense, the prosecution must prove beyond reasonable doubt that you were indeed under the influence of alcohol or drugs, that you caused the accident, and (if applicable) that you were acting out of gross negligence. If these facts cannot be proven, you could obtain a reduction of your charges from a felony to a misdemeanor, or have your charges dismissed altogether. Contact the Law Offices of Thomas Wallin today for an aggressive Riverside DUI attorney. We have fought such charges for more than a decade and are prepared to win the best possible results for your case.
Get Help from a Riverside Vehicular Manslaughter Lawyer
Call our offices today at 1-888-900-0951 or fill out our free evaluation form to contact us online. We have received a 10/10 rating from Avvo® and could skillfully fight your DUI charges. By retaining our firm, your attorney will be working with you personally instead of handing your case to a paralegal or junior attorney, ensuring that your case is being handled by a competent legal representative. Your initial consultation is free of charge, so don’t wait. Contact a Riverside vehicular manslaughter attorney today.