{"id":4655,"date":"2015-04-22T13:41:51","date_gmt":"2015-04-22T20:41:51","guid":{"rendered":"https:\/\/wefight4you.com\/?page_id=4655"},"modified":"2019-08-08T10:52:48","modified_gmt":"2019-08-08T10:52:48","slug":"california-vehicular-manslaughter","status":"publish","type":"page","link":"https:\/\/wefight4you.com\/criminal-defense-attorney\/upland-dui-attorneys\/california-vehicular-manslaughter\/","title":{"rendered":"California Vehicular Manslaughter"},"content":{"rendered":"

California Vehicular Manslaughter<\/h1>\n

In California, vehicular manslaughter and gross vehicular manslaughter, are defined in Penal Code 192(c) PC<\/p>\n

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Penal Code 192(c) PC \u2013 Vehicular manslaughter law. \u201c(c) Vehicular– (1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder. This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. \u201cGross negligence,\u201d as used in this section, shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.\u201d<\/p>\n<\/div>\n<\/div>\n

In California, you commit the crime of vehicular manslaughter if ALL of these are true:
\n\"california
\n1. You are driving a vehicle and you commit a legal act that may cause death, or an act that is illegal but NOT a California felony
\n2. You were being negligent or \u201cgrossly\u201d negligent when you commit that act
\n3. Someone is killed as a result of your negligent act.<\/p>\n

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Judicial Council of California Criminal Jury Instructions (\u201cCALCRIM\u201d) 592 \u2013 Gross Vehicular Manslaughter (Pen. Code \u00a7 192(c)(1)). \u201c [The defendant is charged [in Count ] with gross vehicular manslaughter [in violation of Penal Code section 192(c)(1)].] [Gross vehicular manslaughter is a lesser crime than gross vehicular manslaughter while intoxicated.] To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that: 1 The defendant (drove a vehicle\/operated a vessel); 2 While (driving that vehicle\/operating that vessel), the defendant committed (a\/an) (misdemeanor[,]\/ [or] infraction[,]\/ [or] otherwise lawful act that might cause death); 3 The defendant committed the (misdemeanor[,]\/ [or] infraction[,]\/ [or] otherwise lawful act that might cause death) with gross negligence; AND 4 The defendant’s grossly negligent conduct caused the death of another person.\u201d<\/p>\n

And also CALCRIM 593 \u2013 Misdemeanor Vehicular Manslaughter (Pen. Code \u00a7 192(c)(2)). \u201c [The defendant is charged [in Count ] with vehicular manslaughter [in violation of Penal Code section 192(c)(2)].] [Vehicular manslaughter with ordinary negligence is a lesser crime than (gross vehicular manslaughter while intoxicated\/ [and] gross vehicular manslaughter\/ [and] vehicular manslaughter with ordinary negligence while intoxicated.)] To prove that the defendant is guilty of vehicular manslaughter with ordinary negligence, the People must prove that: 1 While (driving a vehicle\/operating a vessel), the defendant committed (a misdemeanor[,]\/ [or] an infraction\/ [or] a lawful act in an unlawful manner); 2 The (misdemeanor[,]\/ [or] infraction\/ [or] otherwise lawful act) was dangerous to human life under the circumstances of its commission; 3 The defendant committed the (misdemeanor[,]\/ [or] infraction\/ [or] otherwise lawful act) with ordinary negligence; AND 4 The (misdemeanor[,]\/ [or] infraction\/ [or] otherwise lawful act) caused the death of another person.\u201d<\/p>\n<\/div>\n<\/div>\n

Felonies are left out because they instead qualify for the more serious crime of Penal Code 187 PC murder under the California felony-murder rule.<\/p>\n

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CALCRIM 540A – Felony Murder: First Degree – Defendant Allegedly Committed Fatal Act [contrast with crime of vehicular manslaughter]. “To prove that the defendant is guilty of first degree murder under this theory, the People must prove that: 1. The defendant committed [or attempted to commit] ; 2. The defendant intended to commit ; AND 3. While committing [or attempting to commit] , the defendant caused the death of another person. A person may be guilty of felony murder even if the killing was unintentional, accidental, or negligent.”<\/p>\n<\/div>\n<\/div>\n

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