Vehicular manslaughter is prosecuted very seriously in the state of California. In addition to time in state prison, a vehicular manslaughter conviction can result in the suspension of your driver’s license. Even before a judgment is made in your vehicular manslaughter case, you face the suspension of your license by the DMV. Therefore, it is important to have an experienced Wallin & Klarich attorney who will review your case and defend your driving privileges.
What Happens When I am Charged With Vehicular Manslaughter?
If you are charged with vehicular manslaughter, the DMV will seek to suspend your driver’s license. You can request a hearing at the DMV within 10 days of your arrest to fight the suspension of your license. The decision to suspend your license or not will be based on the circumstances of your case and prior criminal history.
If you are facing a suspended license due to a vehicular manslaughter charge, it is important that you hire an attorney to represent you at your hearing instead of representing yourself. An experienced attorney can review the facts of your case and argue a viable defense that will help you retain your driver’s license.
What is Vehicular Manslaughter? (California Penal Code Section 192(c))
Vehicular manslaughter is defined under California Penal Code Section 192(c) as the driving of a vehicle with ordinary negligence that results in the unlawful killing of a human being. The person killed can be a passenger in the car you were driving, or the driver or passenger of the car that hit you, or a pedestrian on the street.
Examples of ordinary negligence in a vehicular manslaughter charge in California include speeding, texting while driving and talking on a cell phone without a hands-free device.
What is the Punishment for a Vehicular Manslaughter Conviction?
Under California Penal Code Section 193(c)(1), vehicular manslaughter can be charged as a misdemeanor or felony. Whether vehicular manslaughter is charged as a misdemeanor or felony depends on the facts of your individual case and your prior criminal history.
A misdemeanor vehicular manslaughter conviction is punishable by up to one year in county jail. A felony vehicular manslaughter conviction is punishable by two, four or six years in state prison.
In addition to prison time, you face the possible suspension of your driver’s license under California Vehicle Code Section 13361(c) if you are convicted of vehicular manslaughter. A license suspension usually lasts for one year, though it can vary depending on the facts of your case and your previous criminal history.
Call Wallin & Klarich Today
If you or a loved one is facing charges of vehicular manslaughter, it is critical that you speak to an experienced Wallin & Klarich attorney. Our attorneys have over 30 years of experience successfully defending thousands of clients facing vehicular manslaughter charges in Southern California. Our attorneys can fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.