Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In California, vehicular manslaughter is addressed under the California Penal Code sections 191.5 and 192(c). The offense can be charged as a misdemeanor or a felony, depending on the circumstances of the incident and the level of negligence involved. Vehicular manslaughter while intoxicated, including cases involving alcohol or drugs, is typically prosecuted under section 191.5 and can be considered a felony with more severe penalties. Vehicular manslaughter without gross negligence, often involving ordinary negligence like speeding or other infractions, is usually prosecuted under section 192(c) and can be charged as a misdemeanor. Penalties for vehicular manslaughter in California can include fines, license suspension, and incarceration, with the potential for significant prison time in cases involving gross negligence or intoxication.