Driving on our busy highways is a potentially dangerous activity. That means when you add reckless conduct and impairment, it could cause deadly consequences. Vehicular manslaughter is a severe offense that can attract a lengthy sentence upon conviction because the prosecutor can file it as a felony.

If you, or perhaps someone else you care about, is under arrest or charged with vehicular manslaughter, time will be of the essence. The sooner you contact an attorney, the better to collect evidence from the accident scene and interview eyewitnesses to prepare undeniable defense arguments to challenge the alleged offense for the best attainable results.

Through prefiling intervention, our profound attorneys at California Criminal Lawyer Group can negotiate with the prosecutor presiding over your case to reduce the charges you are up against to a less severe offense. We are available around the clock to ensure our clients and prospective clients receive immediate legal services when they are in trouble with the law.

Do not hesitate to contact our defense attorneys if you are under investigation for or have pending vehicular manslaughter charges in Fresno. Our attorneys have extensive knowledge and experience to help you secure the best possible outcome, including a lighter sentence.

Vehicular Manslaughter Offense at a Glance

Penal Code (PC) 192(c) defines the offense of vehicular manslaughter. You commit this offense when you drive recklessly or under the influence of drugs or alcohol, resulting in another person's death. Whether or not you had the criminal intent to kill the person, you would be guilty of this offense if the prosecutor could prove that you were intoxicated or acted with ordinary negligence.

For the sake of this law, an ordinary negligence act could be anything that shows disregard for other people’s safety or lives, for example:

  • Speeding.
  • Running red light.
  • Changing lanes without signaling.

In a few words, you would be guilty of a PC 192(c) violation if your driving under the influence (DUI) offense led to the death of another person. The penalties you will face upon a PC 192(c) violation conviction will depend on the following:

  • Your prior criminal history.
  • Whether you were impaired.
  • Your degree of negligence.
  • Your defense attorney's mitigating arguments.

Here are a few examples of scenarios that could attract vehicular manslaughter charges:

  • A teenager speeding his/her vehicle on the road crashes another car, causing instant death of the driver.
  • When distracted driving or otherwise doing a distracting activity like texting while at the wheel, you hit a motorcyclist and kill him/her.
  • A lady intentionally runs a stop sign or red light in hopes of obtaining insurance benefits from his/her insurer, and in doing so, he/she runs over a pedestrian.

What to Expect at Bail Hearing Upon an Arrest for a PC 192(c) Violation

If you are in legal custody on suspicion of being a culprit in a vehicular manslaughter case, you should worry about securing your freedom within the shortest time possible. Fortunately, every defendant has the right to post bail unless the crime he/she is facing is a capital crime like treason. Bail is the amount you pay or post to assure the court you will attend all your scheduled hearing dates.

Due to the seriousness of a PC 192(c) violation, you must prove to a judge that you deserve a release on bail during your initial court hearing or bail hearing. Some of the factors that the court will consider when determining your eligibility for bail include:

  • Your likelihood of fleeing the country or state.
  • Your prior record of adherence to bail conditions, mainly showing up for your court dates.
  • Your criminal history.
  • Your behavior in court.
  • The ties you have with your community or family.

Since bail is not a penalty for your offense, the court should set a reasonable bail amount for each unique case. If you cannot afford the set bail amount, you can surrender your equivalent property, like a vehicle, as security or work with a bail bondsman to obtain a bail bond.

A bondsman is a third party in your case who can help you post your unaffordable bail for some fee (typically ten percent of your bail amount). Unfortunately, if you are ineligible for a release on bail, you will remain behind bars until your case's trial date, which could occur after several weeks or years.

What the Prosecutor Must Prove at Trial for a PC 192(c) Violation Conviction

To obtain a conviction against you for a PC 192(c) violation, the prosecutor will carry the legal burden to prove the following facts or elements of the crime beyond a reasonable doubt at trial:

  • You were operating or driving a car or vessel while impaired by drugs, alcohol, or both.
  • While doing so, you committed an infraction, misdemeanor, or any other illegal act that could kill another person.
  • Your act was a threat to human health and life under those circumstances.
  • You committed this dangerous act with disregard for human life or gross negligence.
  • The act led to the death of another person.

Below is a brief explanation of some of the terms in the above elements of the crime:

Gross Negligence

There is often confusion about what gross negligence means under PC 192(c). Gross negligence is more like ordinary inattentiveness, recklessness, or a mistake in judgment. Generally speaking, the court will consider your behavior or act as gross negligence if:

  • You behaved in a reckless manner that poses a high risk of death or injury.
  • A reasonable sober driver would not create similar risk under similar circumstances.

Caused Another Person's Death

For the court to convict you of a PC 192(c) violation, the prosecutor must prove with adequate evidence that your gross negligence behavior or actions led to the death of another person. That means this death must be the direct, natural, and possible result of your gross negligence act.

Potential Sentence to Expect Upon a Conviction Under PC 192(c)

The potential sentence you will face upon a conviction for a PC 192(c) violation will depend on the various factors mentioned above. If the prosecutor can prove beyond a reasonable doubt that your gross negligence or negligent behavior was the cause of the other person's death, you would be guilty of felony or misdemeanor vehicular manslaughter under PC 192(c)(1).

If you have a criminal history, the prosecutor will likely file your charge as a felony with the following potential sentence since vehicular manslaughter under this statute is a wobbler.

  • Felony probation.
  • A fine amounting to up to $10,000.
  • A jail time of two, four, or six years.

However, when charged as a misdemeanor, a PC 192(c) violation conviction will carry a lighter sentence, including:

  • A jail term of not more than one year.
  • Misdemeanor probation.
  • A fine not exceeding $1,000.

Generally speaking, the prosecutor will file vehicular manslaughter charges as a misdemeanor if your acts or behavior that led to the death of another person in an accident were due to ordinary negligence.

According to PC 192(c)(2), ordinary negligence means you refused or failed to use the same reasonable care that a sober person would under similar circumstances to prevent a foreseeable accident.

It is important to note that if your case involves DUI, the Department of Motor Vehicles (DMV) could suspend your driver's license.

Defenses to Challenge a PC 192(c) Violation

Your defense attorney can apply various defenses to challenge vehicular manslaughter allegations to obtain a desirable outcome. A reliable attorney understands that every case is unique and will dedicate adequate time to investigate your case and build sufficient evidence to challenge the allegations you are up against for the best possible outcome.

Some common defenses he/she could use at trial on your behalf to convince the judge to drop or reduce your PC 192(c) violation to a lighter charge include:

There Was No Gross Negligence or Negligent Conduct

Both gross negligence and negligence could be challenging for the prosecutor to prove to obtain a conviction against you under PC 192(c). Driving on our crowded highways and streets could put you in a situation where you must make split-second decisions to avoid causing an accident and reach your destination as soon as possible.

If the prosecutor filed your vehicular manslaughter case as a felony under PC 192(c)(2), your defense attorney can argue that your conduct was negligent but not grossly so. When this defense argument works in your favor, the court will likely reduce your charge to a misdemeanor, which carries a lighter sentence.

Your Negligence Was Not the Cause of the Person's Death

You could be negligent on the road and not necessarily cause an accident or another person's death. Even though you caused an accident, your attorney could argue that other innocent reasons, like an underlying medical condition, caused the other driver's or cyclist's death to obtain the best attainable outcome.

You Were Not Driving Under the Influence

Driving under the influence means you were either:

  • You were driving with a BAC (blood alcohol content) exceeding the legal limit of 0.08%.
  • You were driving under the combined influence of drugs and alcohol.

However, if you are under twenty-one (21) years old and are operating a vehicle with a BAC of 0.05% or more, the court will consider you under the influence. Your defense attorney can challenge the validity of your BAC test results to prove that you were not under the influence.

For instance, your defense attorney can argue that your BAC test results were inaccurate because the container used to store your blood sample was unsanitized or contaminated. The judge could drop or reduce your charges if this defense works in your favor.

Crimes Related to Vehicular Manslaughter Offense Under PC 192(c)

The crimes explained below are described as "related" because the prosecutor could file any of them instead of or alongside the PC 192(c) charges since they have common elements or facts that the prosecutor must prove at trial.

Murder

According to PC 187(a), you commit the crime of murder when you kill a fetus or another person with malice aforethought. If you are guilty of murder, the court could sentence you to life in prison without the possibility of parole or probation.

Vehicular Manslaughter While Intoxicated

PC 191.5 defines the offense of vehicular manslaughter while intoxicated, which is a different offense from vehicular manslaughter under PC 192(c). You would violate PC 191.5 if you caused another person's death while driving under the influence of drugs, alcohol, or both. If you are guilty of a PC 191.5 violation, the court could sentence you to a maximum of six years in jail.

DUI Murder or Watson Murder

Generally, the prosecutor will file most cases involving DUI-related fatalities as murder under PC 187 and not vehicular manslaughter under PC 192(c). Specifically, the prosecutor will file DUI murder charges against you when you kill a motorist or any other person when driving under the influence, and all of the facts below are true:

  • You have a prior DUI history.
  • You have received DUI education, or you received a "Watson admonition" or warning at the specific time of your previous DUI conviction.

A Watson advertisement is typically a warning to inform you that driving under the influence is tremendously dangerous to the safety and lives of others and that killing another person due to intoxication will attract murder charges. Since DUI murder is a form of second-degree murder, a conviction could attract the following potential sentences:

  • Up to twenty-five years of life behind bars.
  • A fine amounting to up to $10,000.
  • A strike on your record under the Three Strikes Law.

According to the Three Strikes Law, if you have any prior felony convictions, your subsequent conviction for a felony offense like Watson murder will attract a double sentence upon conviction. If you have two or more felony convictions or strikes on your record, your subsequent felony conviction could attract twenty-five (25) years to life in prison under the Three Strikes Law.

Drunk Driving

Vehicle Code (VC) 23152(a) makes it a criminal offense to drive under the influence of alcohol or any alcoholic beverage. You could be guilty under this statute even if your BAC level is below the legal level of 0.08%. What matters under this statute is that you lack the physical and mental ability to drive like a cautious, sober driver. First, second, and third DUIs are typically misdemeanor offenses.

The penalties you will face upon conviction will depend on the facts of your case and whether you have a past DUI conviction. A first-time drunk driving offense conviction will attract the following potential penalties:

  • Up to three (3) years of summary probation.
  • Attend a DUI school.
  • A fine ranging between $390 to $1,000 plus penalty assessments.
  • Up to six (6) months of jail time.
  • 6-month license suspension.

If you have a past DUI conviction record within the last ten (10) years, your subsequent DUI offense conviction will attract harsher penalties.

Driving with Excessive BAC

According to VC 23152(b), operating a car with a BAC of 0.08% or higher is unlawful, even if you were not intoxicated or impaired during the arrest. The prosecutor must prove that you were driving and that your BAC was above the legal limit of 0.08% to secure a conviction against you for a VC 23152(b) violation.

If it is your first-time DUI offense, a VC 23152(b) violation conviction will attract similar penalties to those listed above for a VC 23152(a) violation conviction.

Eligibility for Expungement Upon a PC 192(c) Violation Conviction

An expungement can allow you, the defendant, to withdraw a "no contest" or guilty plea to enter a not guilty plea. The expungement process will typically release you from all the negative consequences caused by a PC 192(c) violation conviction, such as:

  • Challenges finding employment.
  • Challenges securing an apartment.
  • Challenges in obtaining a professional license.

Aside from releasing you from all those disabilities, obtaining an expungement will give you peace of mind, knowing you do not have a criminal record. Unfortunately, not every person qualifies for this post-conviction relief option. You could be eligible for an expungement under PC 1203.4 if:

  • You have successfully completed your probation, meaning you adhered to all the court-set conditions for the required period.
  • You did not serve your sentence in the state prison, or you would have served your sentence in the county jail had your crime occurred after realignment under Prop (Proposition) 47.

Although you could be eligible for Expungement with a felony PC 192(c) violation conviction, it is wise to reduce it to a misdemeanor before you do so. Reducing your felony to a misdemeanor will allow you to have most rights reinstated, including the right to carry, possess, and buy a firearm.

Having an experienced and aggressive attorney in your corner is the key to increasing your chances of obtaining a favorable outcome on your expungement petition.

Frequently Asked Questions About Vehicular Manslaughter Under PC 192(c)

Most people in trouble with the law for a PC 192(c) violation will ask some questions to know what they are up against. Below are common frequently asked questions (FAQs) about vehicular manslaughter under PC 192(c):

Can the Prosecutor Charge Me With a PC 192(c) Violation if the Killed Person Was a Passenger in My Car?

Yes. As long as your negligence or reckless act led to the death of another person, the prosecutor can charge you with a PC 192(c) violation, regardless of whether the person was in your vehicle or another person's car.

What is the Meaning of "Ordinary Negligence?"

To be guilty of misdemeanor vehicular manslaughter, the prosecutor presiding over your case must prove that you acted with ordinary negligence. In the eyes of the law, ordinary negligence is the failure to use reasonable care to prevent a foreseeable accident. In a few words, you are negligent if you do an act that a reasonable, sober person would not do under the same circumstances.

Is it Possible to Have the Alleged PC 192(c) Violation Reduced to a Lighter Charge?

Yes. If the prosecutor cannot prove beyond a reasonable doubt that you are guilty of a PC 192(c) violation, the court could dismiss or reduce the charge to a lighter offense with less severe penalties. With adequate mitigating arguments from your attorney, the judge could agree to reduce your charge to a less severe offense.

Could I be Subject to Harsher Penalties When I Flee an Accident Scene After Killing a Person?

Yes. Fleeing an accident scene is an aggravating factor that could make your PC 192(c) violation conviction sentence harsher. If you decide to flee an accident scene that led to the death of another person, the court can add five (5) years to your original sentence for a PC 192(c) violation conviction.

In addition to proving all the elements of the crime beyond a reasonable doubt, the prosecutor must prove that you fled the accident scene.

How Do I Find a Reliable Defense Attorney When Charged With a PC 192(c) Violation?

When charged or arrested on suspicion that you are a culprit in a vehicular manslaughter case, retaining the services of an attorney is a decision you cannot regret. A reliable attorney understands the severity of this offense in the eyes of the court and will strive to convince the judge to drop your case or reduce your sentence. Ensure the attorney you hire is:

  • Qualified and experienced.
  • Licensed.
  • Credible and reputable.
  • Accessible and available.

Find a Defense Attorney Near Me

With several years of experience, our reliable attorneys at California Criminal Lawyer Group are available 24/7 to answer your questions and offer you legal representation when you run afoul of the law.

If you are arrested or have pending vehicular manslaughter charges in Fresno, we can help you challenge the prosecutor's evidence against you to obtain a desirable outcome. Call us at 559-712-8377 to discuss your case with our understanding and profound defense attorneys.