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Double Jeopardy and Vehicular Homicide

By Walin & Klarich

The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct. The first charge was ?vehicular manslaughter with gross negligence? while the second charge was for ?negligent vehicular manslaughter.? Because the first charge required the District Attorney to prove gross negligence and the second charge only required the District Attorney to prove simple negligence, the court held that the second charge was not barred by double jeopardy or California law...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 28, 2009 (boomark / email).