Penal Code 192(c) defines vehicular manslaughter, one of the charges that can arise when a collision causes a death. In the DUI context it is important to understand how it fits among the more serious homicide charges, because the differences are enormous.
Where it fits
A death caused by impaired driving can be charged several ways. Penal Code 191.5 covers gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated, the charges most directly tied to DUI. A Watson murder under Penal Code 187 is the most serious, reserved for cases of implied malice. Penal Code 192(c) vehicular manslaughter applies where the death results from driving with ordinary or gross negligence, without the intoxication element being the basis of the charge.
Why the distinctions matter
The line between ordinary negligence, gross negligence, and implied malice determines whether a case is a lower-level manslaughter or a murder, and it can mean the difference of many years. Causation is also central: the prosecution must prove that the driving, not some other factor, caused the death.
How these cases are defended
These are the most serious cases a DUI can become, and they are defended on every front: the cause of the collision, the level of negligence, the intoxication evidence, and the applicability of each potential charge. Early, thorough investigation is essential.
Where to start
A DUI involving a death needs immediate, serious defense work. Call me directly or use the free written case analysis below. See also the great bodily injury enhancement.