VEHICULAR HOMICIDE

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RECENT NEWS

New Law: Veterans Now Eligible for DUI Diversion

By michaelfannon • 25 Aug, 2017
On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation. Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a [..] The post New Law: Veterans Now Eligible for DUI Diversion appeared first on Ryan Birss, Attorney at Law.

Proposition 57 Update

By michaelfannon • 26 Jul, 2017
My friend Douglas Fienberg from the Fresno County Public Defender’s Office has been carefully tracking the proposed rules for Proposition 57.  You can see the proposed rules here: http://www.cdcr.ca.gov/proposition57/docs/Prop-57-Public-Comment-Regs.pdf. Here is the latest from Mr. Fienberg: There are at least four problems with the proposed regulations. First, the proposed regulations exclude people subject to indeterminate [..] The post Proposition 57 Update appeared first on Ryan Birss, Attorney at Law.

California Proposition 57: What You Need to Know

By michaelfannon • 21 Nov, 2016
On November 8, 2016, California voters approved Proposition 57, also known as the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative. Here’s a brief look at what Proposition 57 means to California and its citizens. New parole opportunities for those convicted of non-violent felonies. Proposition 57 changes the time calculation for parole [..] The post California Proposition 57: What You Need to Know appeared first on Ryan Birss, Attorney at Law.

Vehicular Homicide

California prosecutors often charge vehicular homicide when someone is killed in an accident. There are two primary grounds for this charge. First, they may allege that the driver was under the influence of alcohol or drugs. Second, they may allege that the driver acted with negligence or gross negligence.


Vehicular manslaughter while intoxicated generally requires the same proof as a driving while intoxicated charge. The prosecution must prove that the driver was above the legal limit. You have the right to defend on the grounds that you were not intoxicated, that tests were faulty, or that tests violated your constitutional rights.


Negligence and gross negligence include things like improper lane changes, speeding, and failing to stop at a stop sign or red light. Whether felony or misdemeanor charges are brought depends on the level of negligence as well as aggravating factors such as fleeing the scene or causing the accident for financial gain. Even if you are cited in an accident, you still have the right to have the prosecution prove criminal negligence beyond a reasonable doubt.


To schedule a consultation with an experienced criminal defense attorney serving Serving Shasta, Trinity, Tehama, Siskiyou, and Butte Counties, contact Ryan Birss today.

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