In California, a driver can cause a fatal car crash and still face lighter consequences than for drunk driving or speeding according to CalMatters. Critics say a legal loophole has created a system where death on the road can carry fewer penalties than routine traffic violations.
The situation stems from a criminal justice reform law enacted in 2020, which expanded the state’s misdemeanor diversion program. When a fatal crash caused by driver negligence is charged as a misdemeanor, the defendant may qualify for diversion. If the driver completes certain conditions, the case is dismissed, leaving no criminal conviction and no record of the death on the DMV driving history.
Nonprofit investigative outlet CalMatters reported on Dec. 17 that some drivers charged with misdemeanor vehicular manslaughter have used diversion to close their cases without a conviction, while maintaining spotless driving records. The result, critics argue, is that a death can be treated as “less serious than a single speeding ticket.”
Diversion programs have existed nationwide for decades. They were originally designed to prevent people charged with minor offenses, such as shoplifting or drug possession, from suffering long-term harm to employment or housing prospects. Under the system, a judge pauses criminal proceedings and orders a defendant to complete conditions such as rehabilitation or community service. If the conditions are met, the case is dismissed…