In California, an individual can be charged with manslaughter if their conduct, while not intentional, was so reckless as to amount to criminal negligence. Criminal negligence is acting without a reasonable regard for human life or indifference to the consequences of that act. In this matter Mr. Ocampo is alleged to have run a stop sign and run into the victims’ vehicle.

Vehicular manslaughter charges (Penal Code Section 192(b)) can be alleged in two different ways: The first way is that a person may be not have broken any law or traffic infraction but may have been doing something legal (driving down the street) but still acted with criminal negligence (not paying attention to what is in front of him). In so doing he might run over a child who was in the street in plain view. This could lead to a charge of vehicular manslaughter.

The more commonly prosecuted case is when a person breaks a vehicle code section like the drunk driving law, speeding law or as is the situation here, run a stop sign. Any violation of the law which led to the death of someone can be the basis for a vehicular manslaughter charge if the death of the victim was a necessary and probable consequence of breaking that law or infraction.

In this case, the Prosecution may be hard pressed to show that running a stop sign is something that the Defendant should have known directly, naturally and probably would result in death. For example, what if the Defendant is very familiar with the area and the stop sign is in a remote place with little traffic? In that situation he could argue the deaths of these individuals was not a probable consequence. On the other hand, someone who drives on the freeway drunk would probably be seen as acting sufficient recklessly to be found criminally negligent. Vehicular manslaughter carries a maximum sentence of 6 years in prison.

Hit and Run (Vehicle Code Sections 20001-20003) involves any situation where the Defendant has an accident and fails to remain at the scene and exchange information with the other party OR fails to call the authorities to report the matter. Generally speaking an accident must be reported within two hours. Most Hit and Run cases are misdemeanors as they involve property damage only. However, an individual who flees the scene after killing people in a vehicular manslaughter situation faces an additional 5 years in prison if he does not stay at the scene to talk with authorities and render aid to the victims if possible. The idea being that the victims of the crime may benefit from the Defendant calling authorities and/or the ambulance and otherwise rendering aid.

Criminal Law Updates the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636.

Related Articles

• Fatal Santa Ana hit-and-run suspect charged, pleads not guilty (abclocal.go.com)
• Suspect Accused In Double Fatal Hit-And-Run In Santa Ana Surrenders (losangeles.cbslocal.com)

The holiday season is a good time to talk about hit and run violations. You might wonder why someone would commit a “hit and run”. Sometimes the accused party is afraid, not thinking straight, might be uninsured, might be driving under the influence, might be driving without a license, or they might even believe that since no-one witnessed the event…no harm, no foul. In today’s world of cell phones, flip video cameras, intersection cameras, security cameras…it is pretty hard not to have your actions captured on film. In California a hit and run charge is serious(Vehicle Code Section 20002(a))and you should always seek legal counsel.

Here is a testimonial from one client who faced a six month jail term. Solutions are possible with good representation.

“I was charged with one count of hit and run (Vehicle Code Section 20002(a)) for causing more then $5,000.00 in damages then allegedly leaving the scene. I could have faced up to 6 months in jail I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the judges, courts and the district attorneys in Orange County. Mr. Bruzzo spoke with the District Attorney but felt he could get a better deal so he turned to the Judge and in the end negotiated a civil compromise (Penal Code Section 1377) whereby the victim was compensated and the case was DISMISSED. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. Also, this case could have been filed as a felony yet remained in the misdemeanor court. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter.”
~~ MH, December 1, 2009

Have you ever been involved in a hit and run accident? Have you ever witnessed a hit and run accident and wondered what to do? A hit and run occurs whenever there is an accident and the individual leaves the scene of the accident without exchanging information with the person they hit or contacting the police. Notably, even if you hit an innate object like a lamppost or a guardrail you should make a telephone report to the police to advise them of what occurred.

If you are accused of a ‘hit and run’, then you should seek legal representation. Mr. Bruzzo has been successful in defending hit and run cases in Orange County CA. Here is one client’s experience.

“I was charged with three counts of hit and run (Vehicle Code Section 20002) for striking three different vehicles and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. I would enthusiastically recommend Mr. Bruzzo for any criminal matter.” ~~RV 08/12/2009