If another person is killed as a result of a vehicle accident for which you were alleged to be responsible you would be charged with Vehicular Manslaughter. Manslaughter is the unlawful killing of a human being without malice, including vehicular, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence, or driving a vehicle in the commission of a lawful act which might produce death. Examples of Vehicular Manslaughter are hitting a pedestrian and while sending a text message causing their death or driving at a high rate of speed causing an accident which causes the death of another.
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 an unlawful act not amounting to a felony and with gross negligence. or
3. Defendant drove a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
With probation 0-364 days
Misdemeanor: 0-364 days