I tried a California Vehicle Code 192(c) VC vehicular manslaughter case in the Burbank courthouse against a very unreasonable prosecutor. He didn't see his case's weaknesses and ended up losing the case for the People of the State of California. My client was found not guilty.
Let me tell you something - it was a war. He called some experts who didn't know what he was talking about. I had to call an expert who was a compelling accident reconstruction expert.
The alleged victim's car had broken down on the freeway, all power out, and my client came along and struck the car and, tragically, ended up killing the driver of the vehicle. The passenger survived. The bottom line was that we could prove there was no way my client could have seen in time the car in the middle of the freeway, at night, in the dark.
The prosecutor was doing stupid stuff, like trying to call a helicopter pilot who frequently flew over the area, saying that it wasn't dark at that time. It didn't even make sense.
What Does the Law Say?
California Vehicle Code 192(c) VC says, "Manslaughter is the unlawful killing of a human being without malice. It is of three kinds.
(c) Vehicular-
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence, or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent a defendant's prosecution for murder.
(d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, unlawfully.
(e) (1) "Gross negligence," as used in this section, does not prohibit or preclude a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson (1981) 30 Cal.3d 290.
(2) "Gross negligence," as used in this section, may include, based on the totality of the circumstances, any of the following:
(A) Participating in a sideshow pursuant to subparagraph (A) of subparagraph (2) of subdivision (i) of Section 23109 of the Vehicle Code.
(B) Engaging in a motor vehicle speed contest pursuant to subdivision (a) of Section 23109 of the Vehicle Code.
(C) Speeding over 100 miles per hour."
Highly-Experienced Vehicular Manslaughter Defense
The bottom line is that if you've got a vehicular manslaughter case, you want to look at what happened and why and don't let the prosecutors be unreasonable.
That's where your criminal defense attorney comes in. I've been doing this now for over 30 years. I started working for the district attorney's office, so I see how they investigate vehicular manslaughter cases.
I also worked as his right-hand man for a superior court judge, so I saw how the judge ruled on motions and his process and protocol. I helped him with that.
Then, in the early 1990s, when I became a criminal defense attorney and started defending people for these horrible accidents on our roadways and freeways, I realized there were some cases where the prosecutors were trying to ram a square block into a circle.
They'll often use a detective or investigator who thinks they're an accident reconstruction expert, but they're not. You've got to get somebody to challenge these guys when they're trying to be unreasonable.
Preparing a Mitigation Package
Now, if, on the flip side, they've got a good case and can prove it, we obviously want to put together a mitigation package and try to work out some resolution.
That's one of the first things we do when I meet with you or your loved one who's charged with vehicular manslaughter when we talk about what happened. We look at the cause of the accident.
We look at what the person being accused of the crime actually did and use common sense to decide exactly how we will handle it.
If you or a loved one is charged with vehicular manslaughter and you need the best, and I think you do, pick up the phone now. Ask for a meeting with Ron Hedding.
A successful defense story about a California Vehicle Code 192(c) VC vehicular manslaughter case in Burbank Superior Court where my client was found not guilty.
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