Vehicular Manslaughter – Defenses – California Penal Code Section 192(c)

Actions of the Defendant Not Negligent
To be convicted for this crime, you need to have acted with “ordinary negligence,” which means your failure to use reasonable care in your actions exposed you, or those around you, to an unreasonable risk of harm. If your criminal defense attorney can show that your actions under the circumstances were reasonable, and therefore not negligent, then you cannot be convicted for this crime.

Actions Did Not Cause the Death
If it is found that your actions did not cause, or was not a substantial factor, of the resulting death of the victim, you cannot be convicted of vehicular manslaughter. A substantial factor is more than a trivial or remote factor. However it does not have to be the only factor that causes the injury or death.  This determination is made by considering all the facts of the case. Since the question of causation is purely a question of fact, a skilled defense attorney can analyze and present the facts in a way to convince a judge or jury that the death was not the direct result of your actions. If this argument is successful, the charges against you may be dismissed.

You Were Not the Driver
The prosecution must prove beyond a reasonable doubt that you were the driver of the vehicle that was involved in the accident. In some cases there may be a “reasonable doubt” as to who was driving the vehicle in question. This happens when the police arrive after the accident has occurred and all of the occupants of the vehicle are no longer in the vehicle. It must always be remembered that the defense has no burden of proof, but the prosecution must prove each of the elements of the crime, including who was driving the vehicle. At Wallin and Klarich we advise our clients never to speak to the police after there has been an accident other than to provide their identifying information. You should refuse to speak to law enforcement without your lawyer present. If you will follow this advice then law enforcement will not be able to use any statements you would otherwise make against you at your trial.

Being charged with vehicular manslaughter can have devastating consequences, so it is imperative that you contact an experienced Southern California vehicular manslaughter attorney if you or a loved one is charged with such a crime. Our attorneys at Wallin & Klarich have over 30 years of experience handling vehicular manslaughter cases, and we will work hard to devise your defense strategy and defend your rights. Call us today at 888-280-6839. We will be there when you call.