Local law enforcement officials contend that 33-year-old (name withheld in order to protect the privacy of the accused) of Fremont was drunk when she crashed her car on Osgood Road and Auto Mall Parkway, killing her 4-year-old daughter who died approximately 5 days after the incident. She was promptly arrested on charges of child endangerment (CA Penal Code 273(a)) and vehicular manslaughter (CA Penal Code 192(c)). The other driver involved only suffered minor injuries, as did herself. A key element in this case is that her daughter was not restrained properly in the vehicle, as required.
California law is harsh both in cases of child endangerment and of vehicular manslaughter when alcohol or illegal drugs are involved. Charges of child endangerment, for example, may be due to any number of situations, including allowing your child to be put in danger of any kind and/ or permitting them to be injured. In this case, the danger the child was put in was being in the vehicle while her mother was driving under the influence. She could be facing either felony or misdemeanor charges of child endangerment and may spend up to 6 years in state prison if convicted of a felony.
California vehicular manslaughter charges are serious. This particular crime is also a ‘wobbler,’ as it can be charged either as a misdemeanor or as a felony. A felony conviction for vehicular manslaughter could end in $10,000 in fines and up to 4 years in state prison.