Can you be charged with "Manslaughter" in California for driving over 100 MPH?

Question

I went to traffic school last weekend and the instructor said this was true. At the time, I was too tired/bored to question it, but now I'm wondering. Doesn't someone have to actually die for it to be Manslaughter?

Answer 1

I think you were too tired/bored to pay attention, and misheard.

Manslaughter requires that someone die.

Involuntary Manslaughter is when someone is killed, unintentionally, as a result of another persons reckless or negligent act.

In CA, there is a legal presumption that if you are driving over 100mph you are driving recklessly. So if you are driving over 100, and have an accident in which someone dies (OR if someone swerves to avoid you, and crashes and dies) you may expect a manslaughter prosecution.

Richard

Answer 2

Richard is right that someone has to die for it to be manslaughter, but he is incorrect as to the law regarding vehicular manslaughter.  So was your instructor, because speed does not have to exceed 100 mph for vehicular manslaughter to apply.   Recklessness is not required (and there is no presumption that I am aware of that a person driving over 100 mph is reckless).  You can be charged with vehicular manslaughter if death results from driving the vehicle unlawfully without gross negligence.  That includes ANY speeding, not just speed over 100 mph, if the speed is inherently dangerous and a death results.  It is a misdemeanor offense

Penal Code section 190, subd. (c)(2).

People v. Wells (1996) 12 Cal.4th 979

Answer 3

You could probably be charged for reckless endangerment, but I would think you need to kill someone for it to be manslaughter. But I'm not expert, so don't take my word for it.