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Is there felony vehicular manslaughter in California?

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IteyOdey

Guest
State of California, on Interstate Highway:

My son was driving when he rolled his car. Police report states that he was not dui, but had been speeding, swerved around a car and rolled. One passenger was ejected and is in critical condition (all others OK). My son will be charged with reckless driving w/ bodily injury (a misdemeanor), but if the injured person dies, the officer said it could be "felony vehicular manslaughter." My scan of California VC only shows this as a misdemeanor--I cannot find a reference to this as a felony. Was the officer accurate when he referred to this as a felony, or is there a felony-level option that the DA could exercise if he/she thinks conditions warrant? Thank you.
 


I AM ALWAYS LIABLE

Senior Member
My response:

If your son's vehicle was moving at a rate of speed, at or greater than, 30 miles per hour above the posted speed limit at the time of the incident, then he was committing a felony - - taking him out of the ambit of California V.C. 192.

IAAL
 
I

IteyOdey

Guest
Relevant codes and sanctions

Thanks for your reply. As a follow-up, could you tell me the relevant location in the penal code that covers this, and the sanctions imposed on convicted persons? I much appreciate the information!

Also: Please look at this profile of the driver and answer the questions below, if you are able: He is 22 years old, no prior criminal record, holds stable job, fully insured; police report shows that he was NOT driving under the influence, but was going 30+ over the limit, and that people in the car asked him to slow down; it also states that he was driving with an unbelted passenger in the rear hatch area of the SUV.

Which of the facts above are likely to have an effect on the DA as he/she considers charges (if the passenger dies)?

Which of the facts above are helpful or hurtful to my son's case?

I know you cannot give actual legal counsel, so I'll ask it this way: Please educate me on what are the typical legal strategies for a person in my son's position? Are any of those strategies reputed to bring more benefit to the defendant than others?

Thanks again for your help.

ITOD
 

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