Double Jeopardy and Vehicular Homicide

By: Wallin & Klarich

The California Supreme court determined in People v. Traylor, that a defendant could be tried under a second complaint for negligent vehicular manslaughter when the first complaint, vehicular manslaughter with gross negligence, had been dismissed. In California, even though the original charge had been dismissed, a second charge could be filed based on the exact same conduct.

The first charge was “vehicular manslaughter with gross negligence” while the second charge was for “negligent vehicular manslaughter.” Because the first charge required the District Attorney to prove gross negligence and the second charge only required the District Attorney to prove simple negligence, the court held that the second charge was not barred by double jeopardy or California law.

California has begun toughening up vehicular accidents that result in death to obtain more convictions. There are many serious consequences associated with a charge of vehicular manslaughter in California.

When you or a loved one is facing any vehicular manslaughter charge or similar criminal charge please contact the experienced California defense attorneys at Wallin & Klarich.

Wallin & Klarich has over 30 years of experience handling criminal defense. Let Wallin & Klarich advise you and ensure your rights and freedom are protected under the law. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at to learn more about your case and what can be done.

Posted In: Criminal Defense