Last Updated on: 17th October 2023, 06:23 pm

Defending Against Vehicular Manslaughter Charges

Being charged with vehicular manslaughter can be scary. It’s a serious crime that can end with jail time. But if you’ve been charged, don’t panic. There are defenses your lawyer can use to fight the charges. Keep reading to learn more.

What is Vehicular Manslaughter?

Vehicular manslaughter is when someone dies because of reckless driving. For example, if you were texting while driving and got in an accident that killed someone, you could be charged with vehicular manslaughter. Drunk driving and street racing are other examples. Basically, if your dangerous driving leads to someone’s death, you could face charges.

Using a Lack of Evidence

Prosecutors need solid evidence to prove vehicular manslaughter. But sometimes the evidence is lacking. For example, maybe there were no eyewitnesses to the accident and the physical evidence is unclear. In cases like this, your lawyer can argue there’s reasonable doubt you were negligent.

Your lawyer may also challenge the prosecutor’s evidence. For example, if the prosecution argues you were speeding based on skid marks on the road, your lawyer can bring in an accident reconstruction expert to challenge the skid mark analysis. Without solid proof, the charges can possibly get dismissed.

Challenging the Severity of the Charges

Some states classify vehicular manslaughter as first-degree or second-degree. First-degree charges mean the accident involved drunk driving or extreme recklessness. This leads to more jail time. Your lawyer can challenge whether the evidence truly shows extreme recklessness versus standard negligence. For example, they may argue your alcohol level was barely over the limit versus being extremely drunk. If successful, this can lower the charges to second-degree.

Getting You Into a Diversion Program

Many states have diversion programs for first-time vehicular manslaughter offenders. This allows you to avoid jail time and a criminal record. You plead guilty but the conviction gets dismissed if you complete all program conditions. These often include probation, DUI classes, community service, and restitution payments to the victim’s family.

Your lawyer will try to get you into one of these programs if you qualify. They’ll present mitigating factors to show you deserve a second chance and that you’re committed to rehabilitation.

Preparing Your Defense Takes Time

Building a strong defense against vehicular manslaughter charges takes time. Your lawyer needs to analyze the evidence, interview witnesses, consult experts, and negotiate with the prosecutor. So be patient. With an experienced lawyer fighting for you, there are many ways to fight the charges.

Getting an Experienced Lawyer is Crucial

The right lawyer makes all the difference in defending against vehicular manslaughter. Look for a criminal defense lawyer with extensive experience with these cases. Understand the options so you can make informed decisions. And be honest with your lawyer so they can build the strongest case.

Facing criminal charges is scary. But an experienced lawyer can help you get the best possible outcome. So don’t go it alone. Consult a lawyer as soon as charges get filed against you.

Sources

Here are some sources used in researching this article:

• Vehicular Manslaughter Laws, Charges & Statute of Limitations
• Homicide, Murder and Manslaughter
• Vehicular Manslaughter and Reckless Driving
• Defenses to California’s Vehicular Manslaughter Charges
• California’s “Hit and Run” Laws – VC 20001 and VC 20002