Attempted Vehicular Manslaughter

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1. What is Attempted Vehicular Manslaughter?

In most jurisdictions, attempted vehicular manslaughter is not recognized as a distinct crime. The reasoning behind this stems from the legal concepts of intent and negligence, which are treated differently when it comes to manslaughter versus crimes like robbery or murder. While crimes such as attempted robbery or attempted murder can be charged because the defendant intended to commit the crime and took steps toward doing so, the same logic does not apply to vehicular manslaughter due to the lack of intent required for the crime.

Why is Attempted Vehicular Manslaughter Not Recognized?

Vehicular manslaughter typically involves causing the death of another person while driving a vehicle in a negligent or reckless manner. The law does not require proof that the driver intended to kill or harm anyone. Instead, the crime is based on negligence, which involves careless or reckless actions that lead to unintended consequences, such as a fatal accident. Since intent is not a factor in vehicular manslaughter, the idea of “attempt” does not logically apply.

To charge someone with an attempted crime, the prosecution generally must prove:

Intent to commit a crime, and
A direct action taken toward committing that crime.

For example, in the case of attempted robbery, a person may plan the robbery, purchase a weapon, and then take steps toward executing the crime, such as entering a bank with the intent to steal. However, vehicular manslaughter is a crime where the outcome (death) is unintentional, caused by negligent driving, not an act of intent. Therefore, it would not be possible to “attempt” to commit a crime that is inherently unintentional.

What is Vehicular Manslaughter?

Vehicular manslaughter occurs when a driver causes the death of another person through negligent or reckless driving, or by violating traffic laws. The specific legal definitions of vehicular manslaughter may vary by state, but the core elements usually include:

Driving with negligence or recklessness: This can involve ordinary negligence, gross negligence, or reckless disregard for the safety of others.
Driving under the influence (DUI): If a driver is found to be operating a vehicle under the influence of alcohol or drugs and causes a fatal accident, it may lead to vehicular manslaughter charges.
Committing a traffic violation: Running a red light, speeding, or engaging in other unlawful driving practices that result in a fatal crash can also be considered vehicular manslaughter.

In all these scenarios, the prosecution does not need to prove that the driver intended to kill someone—only that their actions behind the wheel were unlawful or negligent and directly caused another person’s death.

Degrees of Vehicular Manslaughter

Some states divide vehicular manslaughter into first-degree and second-degree offenses, depending on the severity of the driver’s negligence or recklessness. First-degree vehicular manslaughter typically involves more severe actions, such as driving under the influence of drugs or alcohol, whereas second-degree vehicular manslaughter may result from less severe negligence, such as a momentary lapse in attention.

First-degree vehicular manslaughter: More severe, often involving gross negligence or DUI, and carries heavier penalties.
Second-degree vehicular manslaughter: Involves ordinary negligence and may result in lesser penalties.

Can There Be Attempted Negligent Homicide?

Like attempted vehicular manslaughter, attempted negligent homicide is not typically recognized as a crime. Negligent homicide occurs when someone causes another person’s death through criminal negligence, without intending to harm or kill. Since the crime is based on negligence and lacks intent, it is inconsistent to charge someone with “attempting” to commit it. Attempted crimes require intent, which is incompatible with crimes based on unintentional actions or negligence.

Is Vehicular Homicide the Same as Reckless Driving?

No. Reckless driving and vehicular manslaughter (or vehicular homicide) are separate offenses. Reckless driving involves operating a vehicle with willful disregard for the safety of others, such as speeding or ignoring traffic signals. If reckless driving leads to a fatal accident, the driver may face vehicular manslaughter charges in addition to reckless driving charges.

Reckless driving: Operating a vehicle with conscious disregard for the safety of others, such as speeding or tailgating.
Vehicular manslaughter: Causing death through negligent or reckless driving, which may or may not involve reckless driving.

Attempted vehicular manslaughter is generally not a recognized crime due to the lack of intent involved in the underlying offense. Vehicular manslaughter, on the other hand, is a serious offense that occurs when a driver’s negligent or reckless behavior causes the death of another person. The penalties for vehicular manslaughter can vary based on the degree of negligence and whether factors like DUI were involved. If you or someone you know is facing vehicular manslaughter charges, it is crucial to seek legal advice to understand the potential penalties and available defenses.

2. What are examples of Attempted Vehicular Manslaughter?

In most jurisdictions, attempted vehicular manslaughter is not a recognized crime. This is because vehicular manslaughter typically involves unintentional actions resulting from negligence or recklessness, rather than an intent to kill. Since the concept of “attempt” generally requires the defendant to act with intent, it does not apply to crimes based on negligence, like vehicular manslaughter. However, certain scenarios may involve actions that resemble attempted vehicular manslaughter, and they are often prosecuted under different charges, such as reckless driving or attempted murder.

Here are some examples that could resemble what might be considered “attempted vehicular manslaughter” and how they are typically charged in criminal court.

Example 1: Reckless Driving with Intent to Cause Harm

A driver, angry at another motorist, aggressively swerves their vehicle toward the other car in an attempt to scare or harm the other driver. However, the vehicles don’t collide, and no one is injured. In this case, the driver’s actions are reckless and dangerous, but because no one was killed, this would likely be prosecuted as reckless driving or assault with a deadly weapon (the car) rather than attempted vehicular manslaughter.

Example charge: Assault with a deadly weapon or reckless driving.
Potential penalty: Jail time, fines, and the suspension of the driver’s license.

Example 2: Driving Under the Influence and Nearly Causing a Fatal Accident

A person drives under the influence of alcohol and narrowly avoids causing a serious crash after running a red light. Although no one is killed in the incident, the driver’s reckless behavior put others at great risk of death or serious injury. In this scenario, if the crash had occurred and caused a fatality, the driver could have been charged with vehicular manslaughter or gross vehicular manslaughter while intoxicated. Because the accident was narrowly avoided, however, the driver might be charged with DUI and reckless driving.

Example charge: DUI with reckless driving enhancements.
Potential penalty: Jail or prison time, fines, DUI education programs, and a driver’s license suspension.

Example 3: Attempting to Run Someone Over in a Fit of Rage

During an argument in a parking lot, one driver becomes enraged and attempts to run over another person with their car. The driver accelerates toward the victim but misses. In this case, the driver’s intent to cause harm or death could lead to charges of attempted murder or assault with a deadly weapon, depending on the circumstances. Even though no one was killed, the intent to cause harm makes this much more serious than typical vehicular manslaughter charges.

Example charge: Attempted murder or assault with a deadly weapon.
Potential penalty: A lengthy prison sentence, depending on the severity of the case.

Example 4: Street Racing and Nearly Causing a Fatal Crash

Two drivers engage in a street race on a busy highway. One driver loses control of their car and almost crashes into a group of pedestrians waiting to cross the street. Fortunately, the driver regains control, and no one is harmed. While the driver did not intend to kill anyone, their reckless actions put others at significant risk. This could result in charges of reckless driving, exhibition of speed, or street racing with enhanced penalties for the near-miss.

Example charge: Reckless driving, street racing, or exhibition of speed.
Potential penalty: Jail time, hefty fines, and a suspension or revocation of the driver’s license.

Example 5: Causing a Near Miss While Fleeing from Law Enforcement

A driver, attempting to flee from police after committing a crime, speeds through a residential area and almost crashes into a family crossing the street. The driver does not hit anyone, but the reckless driving during the high-speed chase endangers the lives of those in the area. Although no fatality occurred, the driver could face charges such as evading a police officer with reckless endangerment or assault with a deadly weapon (the vehicle).

Example charge: Felony evading with reckless endangerment or assault with a deadly weapon.
Potential penalty: Prison time, fines, and permanent loss of driving privileges.

Example 6: Driving Aggressively Toward a Pedestrian and Stopping Short

A driver, upset with a pedestrian who crossed the street too slowly, accelerates toward them as if to hit them but stops the car just short of contact. While the pedestrian is unharmed, the driver’s aggressive behavior and use of their vehicle to intimidate or frighten the pedestrian can lead to criminal charges. In this case, the driver might be charged with assault with a deadly weapon or reckless endangerment.

Example charge: Assault with a deadly weapon or reckless driving.
Potential penalty: Jail time, fines, and loss of driving privileges.

3. What are the penalties for Attempted Vehicular Manslaughter?

In most jurisdictions, attempted vehicular manslaughter is not a recognized crime. Vehicular manslaughter typically involves causing the death of another person through negligent or reckless driving, without the intent to kill. Because attempted crimes require the intent to commit the act in question, and manslaughter is an unintentional crime, it’s generally not possible to face charges for “attempted” vehicular manslaughter.

However, there are related charges that could apply in situations where a driver’s actions put others at risk of death or serious injury, even if no one was killed. These charges may carry significant penalties, depending on the circumstances of the case.

Charges Related to Attempted Vehicular Manslaughter

While attempted vehicular manslaughter may not exist as a specific charge, there are several related offenses that could apply in similar scenarios. These include:

Reckless driving (Penal Code § 23103 VC)
DUI causing injury (Penal Code § 23153 VC)
Assault with a deadly weapon (the vehicle) (Penal Code § 245(a)(1) PC)
Attempted murder (Penal Code § 664/187(a) PC)
Felony evading police (Penal Code § 2800.2 VC)

Each of these offenses carries its own set of penalties, ranging from fines and license suspension to significant prison time. Below are the penalties typically associated with these related charges.

1. Reckless Driving (Vehicle Code § 23103 VC)

Reckless driving involves operating a vehicle with willful disregard for the safety of others. While it does not involve an intent to kill, reckless driving can still result in serious consequences if the driver’s actions put lives at risk.

Misdemeanor charge
Penalties:
- Up to 90 days in jail,
- Fines ranging from $145 to $1,000,
- Possible suspension of driver’s license.

If reckless driving results in bodily injury, the penalties may increase, potentially including longer jail time and higher fines.

2. DUI Causing Injury (Vehicle Code § 23153 VC)

Driving under the influence (DUI) becomes a more serious crime when it causes injury to another person. If a driver’s reckless or negligent actions while intoxicated result in injury, they may be charged with DUI causing injury. While this is not vehicular manslaughter, it is a serious offense.

Misdemeanor or felony charge (depending on the circumstances)
Penalties for misdemeanor DUI causing injury:
- Up to 1 year in county jail,
- Fines of up to $5,000,
- Driver’s license suspension for up to 3 years,
- Mandatory DUI education program.
Penalties for felony DUI causing injury:
- 16 months to 10 years in state prison (depending on the severity of the injury and number of victims),
- Fines of up to $5,000,
- Driver’s license revocation.

3. Assault with a Deadly Weapon (Vehicle) (Penal Code § 245(a)(1) PC)

Using a vehicle to intentionally harm or attempt to harm another person can lead to charges of assault with a deadly weapon. The vehicle itself is considered a deadly weapon when it is used in a way that is likely to cause serious injury or death. This charge applies when a driver intentionally aims their vehicle at another person but does not succeed in killing them.

Felony charge
Penalties:
- 2 to 4 years in state prison,
- Fines of up to $10,000,
- Strike offense under California’s Three Strikes Law, meaning a conviction counts as a strike on the defendant’s record.

4. Attempted Murder (Penal Code § 664/187(a) PC)

If a driver intentionally tries to kill someone using their vehicle, but the victim does not die, they could be charged with attempted murder. This is a far more serious charge than vehicular manslaughter because it involves a deliberate attempt to take another person’s life.

Felony charge
Penalties:
- Life in prison with the possibility of parole for first-degree attempted murder,
- 5, 7, or 9 years in state prison for second-degree attempted murder.

Additional penalties can apply if the victim is a peace officer, firefighter, or other protected individual, or if a firearm is involved.

5. Felony Evading Police (Vehicle Code § 2800.2 VC)

In cases where a driver attempts to flee from law enforcement in a reckless or dangerous manner, they may be charged with felony evading police. This charge applies when the driver willfully evades police in a way that endangers the public.

Felony charge
Penalties:
- 16 months to 3 years in state prison,
- Fines of up to $10,000,
- Possible driver’s license suspension or revocation.

Enhancements and Aggravating Factors

In certain cases, the penalties for charges related to vehicular manslaughter may be enhanced due to aggravating factors, such as:

Prior DUI convictions: A history of DUI can lead to harsher penalties, including longer prison sentences and permanent loss of driving privileges.
Causing serious bodily injury: If the reckless or negligent actions result in severe injury, the penalties can be significantly increased.
Use of a vehicle as a weapon: Intentionally using a vehicle to cause harm, particularly when targeting pedestrians or cyclists, can lead to charges like attempted murder or assault with a deadly weapon, both of which carry severe penalties.

4. What are legal defenses for Attempted Vehicular Manslaughter?

While attempted vehicular manslaughter is generally not a recognized crime in most jurisdictions due to the lack of intent involved in vehicular manslaughter cases, there are still legal defenses that can be applied to related charges. These related charges, such as reckless driving, assault with a deadly weapon (the vehicle), DUI causing injury, or even attempted murder, can result in severe penalties, and individuals facing these charges need a strong legal defense.

In cases where the driver’s actions put others at risk of death or serious injury, legal defenses can be used to reduce or dismiss the charges. Here are some common defenses for charges that might be filed in situations resembling attempted vehicular manslaughter.

1. Lack of Intent to Harm

One of the strongest defenses in cases involving charges like assault with a deadly weapon (the vehicle) or attempted murder is that the defendant did not have the intent to harm or kill anyone. For example, vehicular manslaughter cases often arise out of negligence, not malice or intentional actions. If the defendant can prove that there was no intent to harm or kill, the charges may be reduced or dismissed.

Example: A driver loses control of their vehicle due to a medical condition or mechanical failure and accidentally swerves toward a pedestrian. Since the driver had no intent to harm, a charge like attempted murder or assault with a deadly weapon may be dismissed.

2. No Reckless or Negligent Driving

In cases of reckless driving or DUI causing injury, the prosecution must prove that the defendant acted recklessly or negligently. If the defense can show that the defendant was driving responsibly or that external factors (such as road conditions or another driver’s behavior) caused the incident, it can weaken the prosecution’s case.

Example: A driver is charged with reckless driving after a near-collision, but the defense can present evidence that another driver cut them off or that they swerved to avoid an obstacle on the road. In this case, the charge of reckless driving may not hold up.

3. Lack of Causation

For charges related to vehicular manslaughter or DUI causing injury, the prosecution must prove that the defendant’s actions were the direct cause of the accident or injuries. If the defense can demonstrate that another factor caused the accident, such as a third party’s actions, poor road conditions, or a vehicle malfunction, the defendant may not be held responsible.

Example: A driver is accused of causing an accident due to intoxication, but the defense can show that a mechanical failure (such as brake failure) caused the crash, rather than the driver’s behavior.

4. Self-Defense or Necessity

In rare cases, a defense of self-defense or necessity may apply if the defendant was driving erratically or dangerously to avoid imminent harm or danger. If the defendant can show that they were acting to protect themselves or others, the charges may be reduced or dismissed.

Example: A driver is charged with reckless driving after speeding away from a person who was threatening them with violence. The defense could argue that the driver’s actions were necessary to avoid immediate danger, and therefore, reckless driving charges should not apply.

5. Mistaken Identity

In situations where an accident involves multiple vehicles or occurs in a chaotic environment, the defendant may be wrongly identified as the person responsible for the incident. A defense of mistaken identity can be used when there is insufficient evidence to prove that the defendant was the person driving the vehicle in question.

Example: A pedestrian is hit by a car during a busy street race, and multiple cars are involved. The defense could argue that the prosecution cannot prove beyond a reasonable doubt that the defendant was the one responsible for hitting the pedestrian.

6. Medical Emergency or Loss of Consciousness

A defense of medical emergency or loss of consciousness can apply when the defendant suffers an unexpected medical condition while driving that causes them to lose control of the vehicle. In these cases, the defendant may not be held criminally responsible if they were unaware of their medical condition and took reasonable precautions to avoid harm.

Example: A driver with no history of health issues suffers a sudden heart attack while driving, causing them to lose control of the car. The defense could argue that the driver was not acting negligently or recklessly and that the incident was caused by an unforeseen medical emergency.

7. Involuntary Intoxication

If the defendant was intoxicated while driving but can prove that they were involuntarily intoxicated, meaning they were unknowingly drugged or given substances without their knowledge, they may have a valid defense against charges such as DUI causing injury or reckless driving.

Example: A driver attends a party and unknowingly consumes a drink spiked with drugs. They later drive home and get into an accident. The defense could argue that the driver was not aware of their intoxicated state and should not be held fully responsible.

8. Insufficient Evidence

In any criminal case, the prosecution must prove its case beyond a reasonable doubt. If there is insufficient evidence to prove the charges, the defense can argue that the case does not meet the burden of proof required for a conviction. This could involve challenging witness testimony, disputing the accuracy of accident reconstruction reports, or questioning the reliability of evidence, such as surveillance footage or forensic data.

Example: A driver is accused of reckless driving after a near-miss with pedestrians, but there is no clear video evidence or reliable eyewitnesses to confirm the events. The defense could argue that the evidence is insufficient to prove the charge.

9. Mechanical Failure

In cases where the defendant’s vehicle malfunctions due to a defect or unforeseen issue, a defense of mechanical failure can be used to show that the accident was caused by factors beyond the driver’s control. This defense is especially effective if the driver had properly maintained the vehicle and had no reason to believe a failure was imminent.

Example: A driver is charged with reckless driving after their brakes fail, causing them to run a red light and nearly collide with another vehicle. The defense could argue that the driver was not acting negligently, and the accident was caused by the vehicle’s mechanical failure.

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5. What are related offenses to Attempted Vehicular Manslaughter?

While attempted vehicular manslaughter is generally not recognized as a specific crime in most jurisdictions, there are several related offenses that could apply when someone engages in reckless or negligent driving behavior that endangers the lives of others. These related offenses often involve the misuse of a vehicle in ways that put others at risk of injury or death. Below, we’ll discuss the key offenses related to attempted vehicular manslaughter and how they might be charged in similar circumstances.

1. Vehicular Manslaughter (Penal Code § 192(c) PC)

Vehicular manslaughter involves causing the death of another person through negligent or reckless driving. This offense is charged when the driver’s actions, though not intended to cause harm, result in a fatal accident. Vehicular manslaughter can be charged as either a misdemeanor or a felony, depending on the degree of negligence involved.

Example: A driver is texting while driving, runs a red light, and causes a fatal collision. The driver did not intend to cause harm, but their negligence led to the death of another person.
Penalties: Misdemeanor vehicular manslaughter can result in up to 1 year in jail, while felony vehicular manslaughter can lead to a prison sentence of up to 6 years.

2. Reckless Driving (Vehicle Code § 23103 VC)

Reckless driving occurs when a person operates a vehicle with willful or wanton disregard for the safety of others. This offense can be charged when a driver’s behavior creates a significant risk of harm, even if no one is injured. Reckless driving is commonly charged when a driver’s actions, such as excessive speeding or aggressive maneuvers, create dangerous conditions on the road.

Example: A driver weaves in and out of traffic at high speeds, nearly causing several accidents. Although no one is injured, the driver’s actions are considered reckless.
Penalties: Reckless driving is usually charged as a misdemeanor, with penalties that can include up to 90 days in jail, fines, and suspension of the driver’s license.

3. Assault with a Deadly Weapon (Vehicle) (Penal Code § 245(a)(1) PC)

A vehicle can be considered a deadly weapon if it is used in a manner that could cause serious bodily injury or death. Assault with a deadly weapon occurs when a driver intentionally uses their vehicle to threaten or harm another person. This offense is far more serious than reckless driving and often involves deliberate actions meant to cause harm.

Example: A driver, angry at a pedestrian, accelerates their car toward the pedestrian with the intent to scare or hit them. Even if the pedestrian is not struck, the driver can be charged with assault with a deadly weapon.
Penalties: Assault with a deadly weapon can be charged as a felony, carrying a potential prison sentence of 2 to 4 years, along with significant fines.

4. Attempted Murder (Penal Code § 664/187(a) PC)

Attempted murder is charged when a person takes a direct step toward killing another individual but fails to complete the act. In cases where a driver intentionally tries to run over or kill someone with their vehicle, attempted murder charges may apply. This offense is particularly serious and can result in life-altering penalties.

Example: During a road rage incident, a driver intentionally rams another car in an attempt to push it off the road and kill the occupants. The driver can be charged with attempted murder, even if no one is killed.
Penalties: Attempted murder is a felony that can carry a sentence of life in prison with the possibility of parole for first-degree attempted murder. Second-degree attempted murder can result in 5, 7, or 9 years in prison.

5. DUI Causing Injury (Vehicle Code § 23153 VC)

Driving under the influence (DUI) becomes more severe when it results in injury to another person. If a person drives while intoxicated and causes an accident that injures someone, they may face charges of DUI causing injury. While this offense involves unintentional actions, the reckless decision to drive while impaired can result in significant legal consequences.

Example: A driver is under the influence of alcohol and runs a red light, causing a collision that results in serious injuries to another driver. The impaired driver can be charged with DUI causing injury.
Penalties: DUI causing injury can be charged as either a misdemeanor or a felony. Felony DUI causing injury can result in a prison sentence of 16 months to 10 years, depending on the severity of the injuries and whether the defendant has prior DUI convictions.

6. Hit-and-Run with Injury (Vehicle Code § 20001 VC)

In cases where a driver causes an accident that results in injury and then leaves the scene without providing identification or offering help, they may be charged with a hit-and-run with injury. This offense is considered particularly serious because it involves fleeing the scene after causing harm to another person.

Example: A driver strikes a cyclist, causing injury, but drives away without stopping to check on the victim or report the accident. The driver can be charged with a felony hit-and-run.
Penalties: Hit-and-run with injury is a felony offense, punishable by up to 4 years in prison, fines, and license suspension.

7. Street Racing and Exhibiting Speed (Vehicle Code § 23109 VC)

Street racing and exhibiting speed are dangerous driving behaviors that often lead to accidents and injuries. When a driver participates in street racing or engages in speed contests on public roads, they can be charged with violating California’s laws against these activities. If an accident or injury occurs during street racing, additional charges such as reckless driving, DUI, or vehicular manslaughter may apply.

Example: Two drivers engage in a street race on a busy street, causing an accident that seriously injures a pedestrian. Both drivers can face charges of street racing, reckless driving, and possibly felony charges if the injuries are severe.
Penalties: Penalties for street racing can include jail time, fines, impounding of the vehicle, and suspension of the driver’s license.

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