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Vehicular Manslaughter isn't Involuntary Manslaughter...At Least Not in California

By Neil Shous, Esq.

You violate Penal Code 192(b) California?s involuntary manslaughter law when you commit either an unlawful act (not amounting to a felony), or a lawful act that involves a high risk of death or great bodily harm if you commit that act without due caution. It would therefore seem logical that if you are driving?and, for example, speeding?and you unintentionally cause an accident that kills another person, you would be guilty of violating this law. However, Penal Code 192(b) California?s involuntary manslaughter law specifically excludes any incidents that involve driving. Anytime someone is killed as the result of an automobile accident, the charge?if the act is one that is criminal under California law?is vehicular manslaughter, vehicular manslaughter while intoxicated, or DUI second-degree murder...continue to full post

Full post as published by California Criminal Defense Blog on September 28, 2010 (boomark / email).