Description

The definition of Vehicular Manslaughter is causing the death of another person while driving a vehicle. However if a person was in the act of commission of a felony and killed someone while driving a car, that person would be charged with Murder. If the vehicular manslaughter was committed while under the influence of alcohol or drugs the charge would be Gross Vehicular Manslaughter while Intoxicated. Examples of Vehicular Manslaughter with Gross Negligence are talking on a cell phone (an illegal act), losing control of the car and killing a passenger or driving a car at excessive speeds killing a passenger or another driver or scaring a person with erratic or threatening driving causing a heart attack and death.

What does the prosecutor have to prove?

1. A human being was killed.
2. The killing was unlawful.
3. Defendant drove a vehicle in the commission of a lawful act not amounting to a felony and with gross negligence. or
4. Defendant drove a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. [Cal Crim No. 592]

Punishment

Felony: 2years/4years/6years
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?No
Do I lose my right to vote if convicted?No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No