Vehicular homicide is a term that’s often in the news, so people often wonder what exactly it is. If you or a loved one has been charged with vehicular homicide, you should know that it’s an extremely serious charge that may result in jail time if a conviction is issued.
In the most basic terms, vehicular homicide is a crime. Another word for it is vehicular manslaughter. As a result of criminally negligent or murderous operation of a motor vehicle, a person other than the driver is killed. So it doesn’t matter whether the individual involved intentionally decided to drive while intoxicated or simply didn’t realize the risk they posed to others because of their behavior – either way, they could be convicted of vehicular homicide. See Penal Code 191.5(a).
Alcohol, drugs, or both
If you’re found to have a BAC (blood alcohol level) of .08% or above after causing an accident that resulted in the death of someone else, you could be charged with vehicular homicide. When it comes to drugs, there’s a bit more of a gray area – even if you’re found to only have a small amount of cocaine, methamphetamine, or another drug in your system, you could still be charged with vehicular homicide, depending on who the arresting officer, prosecutor, and DA are in your case.
Penalties for vehicular homicide
Vehicular homicide is a felony charge according to California law, so if a conviction is suffered in your case, you can expect your sentence to include state prison time of 4, 6, or 10 years. Your license will also be suspended and may be revoked. You’ll have to pay steep fines and attend DUI classes. Mandatory counseling may also be part of your sentence.
Get help now
If you’ve been charged with vehicular homicide in California, the penalties you could be facing if you are convicted are very harsh. Prevent conviction now by calling top DUI defense attorney Dan Chambers of the Chambers Law Firm. He’ll know precisely what to do according to the specific facts of your case. Potential defenses against a vehicular homicide include:
- You weren’t actually intoxicated when the accident occurred
- You didn’t act with gross negligence
- Your negligence didn’t cause the victim’s death (perhaps other factors beyond your control caused the victim’s death)
- You were dealing with an emergency situation so you acted reasonably under the circumstances
Anyone who’s facing a vehicular homicide charge needs to get legal help right away. Call the Chambers Law Firm ASAP at 714-760-4088, email dchambers@clfca.com, or use the chat box below.
