San Diego Man Pleads No Contest to Vehicle Manslaughter Charge and How an Experienced Southern California Criminal Defense Attorney Can Help You – California Penal Code 191.5

It was recently reported that a San Diego man pleaded no contest to charges of vehicular manslaughter and driving in a bicycle lane. While driving in his car in January 2009, Arthur Newman struck and killed Walter Joller, who was riding his bicycle in the bike lane of Sabre Springs Parkway. Newman was not under the influence of drugs and alcohol; he simply did not see Joller. Newman pleaded no contest and was sentenced to three years probation, a fine of $700, 100 hours of community service, and 20 days of public works service.

Manslaughter is the unlawful killing of a human being without malice. Vehicle manslaughter in San Diego and throughout California is defined in three ways:

1. Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
2. Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
3. Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.

Vehicular manslaughter without gross negligence is a misdemeanor criminal offense. The punishment for vehicular manslaughter without gross negligence is not more than 1 year in the county jail.

If you or a loved one is in a similar situation, it is important to call an experienced Southern California criminal defense firm immediately to consult with an attorney. The attorneys at Wallin & Klarich have over 30 years of experience successfully defending these types of cases. They have extensive knowledge of the law and will work to provide you with the best possible outcome for your case. Call Wallin & Klarich today at 877-230-1529 or visit www.wklaw.com. We will be there when you call.