Vehicular manslaughter is a type of involuntary manslaughter which does not require the element of an intention to kill. The only difference between a vehicular homicide and other homicides is the use of a motor vehicle as a weapon, as opposed to a gun or knife. This does not change in any way the elements required to be proved for murder. As long as the elements for murder can be proved, a vehicular homicide defendant can be tried for murder just like someone who uses a gun.



Vehicular manslaughter is the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving or speeding (all of which are non-felonies). Gross negligence is defined as carelessness which reflects a reckless disregard for the safety or lives of others. This disregard is so great that it appears to be a conscious violation of other people's rights to safety. An example of vehicular manslaughter may include a situation where a driver drives recklessly, causing the death of his passenger. In such instances, the driver would be charged with vehicular manslaughter.

Vehicular manslaughter is defined in two California Penal Code Sections:

CPC 191.5:

(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

CPC 192:

c) Vehicular manslaughter

(1) Except as provided in 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) Except as provided in paragraph (3), 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 violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

(4) 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.

Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony. Death of a passenger, including a loved one or friend, can be vehicular manslaughter if it is due to illegal driving.

CPC193: Punishment

(c) Vehicular manslaughter is punishable as follows:

(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.

(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.

(3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16 months or two or four years.

(4) A violation of paragraph (4) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years.

DARREN: FOLLOWING IS A SIMPLIFIED EXPLANATION OF THE ABOVE SECTIONS; I HAVE INCLUDED BOTH THE PRIOR SECTIONS AND THE FOLLOWING SIMPLIFICATION FOR YOUR REVIEW

Punishment for vehicular manslaughter depends on whether it was prosecuted as a misdemeanor or a felony. Following is a short list of the most commonly encountered vehicular manslaughter crimes and punishments:

Penal Code Section 191.5: Vehicular manslaughter while intoxicated, with gross negligence may be punished by up to one year in the county jail, or 4,6 or 10 years in the state prison. However, where there are one or more priors of this or certain other vehicular felonies, it may be punished by 15 years to life in the state prison

Penal Code Section 192(c)(1): Vehicular manslaughter with gross negligence, without intoxication, may be punished by up to one year in the county jail, or 2, 4, or 6 years in the state prison.

Penal Code Section 192(c)(2): Vehicular manslaughter without gross negligence and without intoxication may be punished by up to one year in the county jail.

Penal Code Section 192 (c)(3): Vehicular manslaughter while intoxicated, but without gross negligence may be punished by up to one year in the county jail, or 16 months, 2 years, or 4 years state prison.

Penal Code Section 192 (c)(4): Vehicular manslaughter, without intoxication, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. may be punished by 4, 6, or 10 years in the state prison