Vehicular Manslaughter and the Oscars


December 15, 2008
By Stephen G. Rodriguez, Attorney at Law on December 15, 2008 11:55 AM |
Screenplay writer Roger Avary is charged with gross vehicular manslaughter and two additional felony counts in connection with a fatal crash. The author of the screenplays for "Pulp Fiction" and the recent major release "Beowulf" was driving drunk when he killed a passenger and injured his wife in a rural Ojai car crash. Avary, 43, pleaded not guilty in aVenturacourthouse to manslaughter and other charges connected to the Jan. 13 single-car collision. Investigators said Avary was at the wheel of a Mercedes sedan late that night when he failed to make a curve and crashed into a telephone pole. Prosecutors said his blood alcohol level was above the legal limit. Besides felony manslaughter, Avary faces two felony counts of causing bodily injury while intoxicated, charges that could bring 11 years behind bars. Vehicular manslaughter may be charged when a driver causes an accident (either by violating a traffic law or by exercising negligence or “gross negligence”) and the accident causes the death of another person.

If alcohol was involved, prosecutors tend to charge the drinking party with vehicular manslaughter even if s/he was not at fault, and even if the accident was unavoidable. Police, biased as they are against drunk drivers, jump to the conclusion that the drinking party was at fault. Police and CHP collision reports tend to be hastily prepared, and slanted against the intoxicated driver.