Accidents happen. Everyone takes a risk when they back out of their own driveway and onto a public road. When someone gets hurt or killed while driving, when does your mistake become a criminal offense?
If you are involved in a car accident that resulted in someone’s death, you have probably experienced severe emotional or even physical trauma. You may feel responsible in some way, but that does not necessarily man that you have committed a crime under the law.
When accidents happen
You may remember the headlines last year when Caitlyn Jenner was under investigation for vehicular manslaughter. She was towing a dune buggy on PCH in her SUV when she back-ended the car in front of her, pushing it into oncoming traffic. Unfortunately, the driver of that car died.
The police did not suspect that alcohol was involved. In fact, Jenner was driving under the speed limit and hit the brakes to avoid a collision. But there was still a lengthy criminal investigation by the LA District Attorney.
While investigators eventually concluded that Jenner was driving inattentively and did not hit the brakes as soon as she should have, she was not driving unreasonably, or what would be considered negligently. Although she was driving faster than she probably should have for the slippery road conditions, she was not speeding, and she apparently didn’t commit any road infractions, which could have led to a traffic misdemeanor manslaughter charge.
Misdemeanor or felony?
A road infraction, such as speeding, making an illegal turn, or texting while driving, is less serious than a misdemeanor and can usually only result in fines, not jail time. But if your mistake set off a series of events that led to another’s death, you could be charged with vehicular manslaughter.
Under California law, vehicular manslaughter can be a misdemeanor or a felony, depending on a number of factors. If you are charged with a misdemeanor, you could be sentenced to up to a year in county jail. If you are charged with a felony, you might face from two to ten years in prison.
Factors that make the difference between a misdemeanor or felony charge
One factor that makes a difference between a misdemeanor and a felony charge is whether you were acting with ordinary or gross negligence. If you acted with ordinary negligence, you might be charged with misdemeanor vehicular manslaughter. If you were driving with gross negligence, it could be a felony. Basically, gross negligence means that you were not simply careless, distracted or had to react quickly and made the wrong decision. It means that you acted so recklessly and dangerously that you could have seriously harmed someone—and a reasonable person would have realized that.
Vehicular manslaughter while intoxicated
If you are intoxicated at the time, the charges can be even more serious. You may also face additions to your jail sentence, such as DUI probation, victim restitution, license restrictions or suspensions, and community service. If you are a repeat DUI offender, you may even be charged with second degree murder.
If you are now under criminal investigation for causing a fatal car accident, don’t wait any longer to get help from Southern California’s top criminal defense attorney, Dan E. Chambers. Dan’s experience with vehicular manslaughter cases and his willingness to fight for you make him the BEST choice for your defense. Call 714-760-4088 or email dchambers@clfca.com today to schedule your free consultation.
