California Vehicular Manslaughter Laws – Penal Code 192(c) PC

Being charged with vehicular manslaughter in California is a serious matter. While these tragic incidents are often the result of an accident, the law may still hold a driver criminally responsible if they acted negligently before the fatal collision. Under California Penal Code 192(c) PC, prosecutors may pursue misdemeanor or felony charges depending on the driver’s conduct and level of negligence.[1]

What Is Vehicular Manslaughter Under PC 192(c)?

California Penal Code 192(c) criminalizes the act of causing the death of another person while driving, where the driver committed either:

1. A misdemeanor or infraction, or
2. A lawful act done in an unlawful manner,

with either gross negligence or ordinary negligence.

In simpler terms, the law applies when a driver unintentionally causes a death through risky, careless, or unlawful driving behavior that falls below the standard expected of a reasonable person.

Two Types of Vehicular Manslaughter Charges

Under PC 192(c), the law distinguishes between gross negligence and ordinary negligence, which determines whether the charge is a misdemeanor or felony:

1. Vehicular Manslaughter with Gross Negligence – PC 192(c)(1)

Gross negligence means the driver’s behavior was so reckless that it created a high risk of death or great bodily injury. It goes beyond ordinary carelessness or a mistake in judgment.

Example: A driver is speeding through a residential neighborhood while texting and runs a stop sign, striking and killing a pedestrian. Though the act wasn’t intentional, the combination of texting, speeding, and ignoring a stop sign may rise to gross negligence.

Punishment:

• Felony: 2, 4, or 6 years in California state prison
• Misdemeanor: Up to 1 year in county jail

2. Vehicular Manslaughter with Ordinary Negligence – PC 192(c)(2)

Ordinary negligence means the driver failed to act with reasonable care, but their conduct didn’t rise to the level of recklessness or disregard for life.

Example: A driver unintentionally drifts into a bike lane while adjusting the radio and strikes a cyclist. This is tragic and negligent, but may be considered ordinary negligence.

Punishment:

• Misdemeanor only: Up to 1 year in county jail

Additional Enhancement for Hit-and-Run (PC 192(c)(1) + VC 20001(c))

If the driver flees the scene of the fatal accident, an additional five-year prison enhancement can be imposed under Vehicle Code § 20001(c).[2] This enhancement is consecutive, meaning it is added on top of the base vehicular manslaughter sentence.

Example: A driver causes a fatal accident and then leaves the scene without rendering aid or calling for help. Even if the underlying charge is based on negligence, the added punishment for fleeing could increase total exposure to up to 11 years in prison.

Can Alcohol or Drugs Elevate the Charges?

Yes. If the prosecution can prove that a driver was under the influence of alcohol or drugs, and that intoxication contributed to the death, they may file charges under:

• PC § 191.5(a) – Gross vehicular manslaughter while intoxicated (felony, 4–10 years)
• PC § 191.5(b) – Vehicular manslaughter while intoxicated (wobbler, up to 4 years)

These charges carry harsher penalties and often include mandatory prison time, license revocation, and felony convictions.

Loss of Your California Driver’s License

Even if you avoid criminal penalties, the California DMV will be notified of any fatal traffic incident. This triggers a negligent operator hearing, usually held within 12 months of the accident. You may receive notice by mail or through your attorney.

If the DMV finds that you were at fault, you could face:

• License suspension (often for 1–3 years)
• Permanent revocation in extreme or repeat cases

This DMV process is separate from the court proceeding. That means you could win in court but still lose your license, or vice versa.

Common Defenses to Vehicular Manslaughter Charges

A successful defense strategy requires a thorough understanding of the facts, accident reconstruction, and the applicable law. Here are the most common defenses:

1. No Negligence Occurred

You acted as a reasonably careful driver under the circumstances. For example, if a pedestrian darted into traffic unexpectedly and you had no time to react, your actions may not have been negligent at all.

2. No Causal Connection

Even if you were driving negligently, it must be proven that your conduct directly caused the death. If an unrelated event (e.g., medical emergency or third-party driver) caused the fatality, you may not be legally responsible.

3. Misidentification or Inaccurate Eyewitness Testimony

In hit-and-run cases or complex intersections, it’s not uncommon for witnesses to misidentify vehicles or make assumptions about what happened. A thorough accident investigation can often reveal the truth.

4. Unlawful Arrest or Statements

If your Miranda rights were violated or statements were coerced, your attorney can move to suppress those statements under constitutional grounds.

Real-Life Example: Misdemeanor Charge for Momentary Distraction

A 38-year-old man is driving home from work on a quiet road. While glancing at his GPS, he momentarily crosses into the opposite lane and clips a cyclist, who later dies from their injuries. Toxicology shows no drugs or alcohol, and speed data confirms he was under the limit.

Though tragic, the man is ultimately charged with misdemeanor vehicular manslaughter under PC 192(c)(2), because there was no gross negligence. His lawyer helps negotiate probation, community service, and no jail time due to his remorse and clean record.

Why Hiring a Defense Attorney Early Matters

Prosecutors and police often conduct in-depth investigations before filing vehicular manslaughter charges. By retaining a criminal defense attorney early, you gain several advantages:

• Accident reconstruction experts can be retained before physical evidence disappears
• Mitigation packages (character letters, reentry plans, etc.) can be submitted to prosecutors before filing
• Your attorney can negotiate pre-filing to avoid felony charges or get the case declined entirely
• Protection from incriminating statements made during interviews with investigators

In many cases, early intervention can mean the difference between prison and probation, or charges filed versus no case at all.

Speak with an Experienced Orange County Criminal Defense Attorney Today

If you or a loved one has been arrested or is under investigation for vehicular manslaughter under PC 192(c), don’t wait to get legal help. These cases carry life-changing consequences—jail time, license loss, a criminal record, and civil lawsuits.

At the Law Offices of John D. Rogers, we have extensive experience defending clients facing both misdemeanor and felony vehicular manslaughter allegations throughout Orange County and Southern California. We provide aggressive legal representation with a strategic, results-driven approach. Speak today with an experienced Orange County criminal defense attorney.

Call us today for a free consultation and learn how we can protect your rights and your future.

Legal Footnotes

[1] Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(c) Vehicular—

(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 prosecution of a defendant for the crime of murder.

[2] (c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.