Vehicular Manslaughter isn't Involuntary Manslaughter...At Least Not in California
You violate Penal Code 192(b) California’s involuntary manslaughter law when you commit either
- an unlawful act (not amounting to a felony), or
- a lawful act that involves a high risk of death or great bodily harm if you commit that act without due caution.
It would therefore seem logical that if you are driving…and, for example, speeding…and you unintentionally cause an accident that kills another person, you would be guilty of violating this law.
However, Penal Code 192(b) California’s involuntary manslaughter law specifically excludes any incidents that involve driving. Anytime someone is killed as the result of an automobile accident, the charge…if the act is one that is criminal under California law…is vehicular manslaughter, vehicular manslaughter while intoxicated, or DUI second-degree murder.
And while this is the case in California, it isn’t the case in many other states. In fact, the typically involuntary manslaughter charge in other states involves exactly this type of case…that is, a vehicular offense where someone is unintentionally killed.
If you are involved in an accident where someone is killed, make sure you immediately speak to a LOCAL criminal defense attorney so that you can prepare a defense that is specific to your state.
