Orange County Vehicular Manslaughter Law: A Helpful Guide

Getting charged with vehicular manslaughter in Orange County can be scary. The consequences are really harsh. But there are good defenses and good lawyers who can help. This article will explain the law in simple terms and give some advice if you are facing charges.

What is Vehicular Manslaughter?

Vehicular manslaughter is when someone dies because of your driving while you were drunk or high. There are two types:

• Gross vehicular manslaughter – You were very negligent while DUI and someone died. This is a felony.
• Vehicular manslaughter – You just made a mistake while DUI and someone died. This is a wobbler, meaning it can be a felony or misdemeanor.

The law says you can get charged if:

• You were driving under the influence of alcohol or drugs
• You did something negligent or illegal while driving, even if it was a small thing
• What you did caused someone else to die

Some examples are texting while driving, speeding, or running a stop sign. Even if these are normally just tickets, if someone dies you can get charged with manslaughter.

What Are the Punishments?

The punishments for vehicular manslaughter are harsh:

• Gross vehicular manslaughter – 4, 6, or 10 years in state prison. With a prior DUI, 15 years to life.
• Vehicular manslaughter – Up to 1 year in county jail if a misdemeanor. 2, 4, or 6 years if a felony. More if you have a prior DUI.

Other consequences are fines up to $10,000, license suspension, probation, and having a felony on your record.

What Are the Best Defenses?

There are good defenses a lawyer can use to fight the charges:

• You weren’t actually impaired. The blood or breath test was wrong.
• You didn’t act negligently. Maybe there was an emergency or the accident wasn’t your fault.
• Your actions didn’t actually cause the death. Something else happened to cause it.
• You tried to avoid the accident but couldn’t. This can show you weren’t grossly negligent.

How Can a Lawyer Defend You?

A good DUI defense lawyer knows how to challenge all the evidence and raise these defenses. Here are some things they can do:

• Fight to exclude blood and breath test results if mistakes were made
• Investigate if there were mechanical problems or other causes of the accident
• Bring in accident reconstruction experts
• Find witnesses who can testify you weren’t impaired or negligent
• Negotiate with the prosecutor to reduce charges
• Take the case to trial if necessary

Having an experienced lawyer makes a huge difference. They know how to build the best defense case for you.

What Should You Do if Charged?

If you are charged with vehicular manslaughter, here are some tips:

• Don’t talk to the police anymore without your lawyer
• Be polite and cooperative, but don’t answer questions without your lawyer
• Hire a DUI defense attorney right away to start building your defense
• Follow your lawyer’s advice about what to do next
• Be patient because these cases can take a long time to resolve
• Ask your lawyer lots of questions so you understand what’s happening
• Stay positive – a good lawyer can often get charges reduced or even dismissed

Finding the Right Lawyer

It’s really important to find an experienced DUI defense lawyer. Here are some tips:

• Find someone who specializes in DUI and vehicular manslaughter cases
• Look for lots of positive online reviews
• Ask about their success record with similar cases
• Make sure they will give you personal attention, not just hand you off to staff
• Find someone you feel comfortable with and can trust
• Discuss fees up front – many lawyers offer payment plans