California Man Arrested on Suspicion of DUI and Vehicular Manslaughter after Accident Kills His 12-Year-Old Daughter
Late last month, the California Highway Patrol arrested Rudy Fritz (45) on suspicion of driving under the influence and vehicular manslaughter after causing an accident that killed his 12-year-old daughter, Kelley.
After conducting an investigation, the CHP suspected that Fritz was driving under the influence of a controlled substance…a prescription drug…and that alcohol was not involved. Driving under the influence of a prescription drug is nevertheless a violation of California’s DUI laws.
Both Fritz and Kelley were ejected from Fritz’s 1956 Volkswagen Beetle after he lost control, veered into oncoming traffic, and hit another car head-on. Neither Rudy nor Kelley were wearing seatbelts, as the car was not equipped with them.
At this time it is unclear as to what type of vehicular manslaughter charges the San Diego District Attorney’s Office will file. Possibilities include (1) a straight vehicular manslaughter charge, (2) vehicular manslaughter while intoxicated, or (3) gross vehicular manslaughter while intoxicated.
Although the fact that Kelley wasn’t wearing her seatbelt could ordinarily trigger a gross vehicular manslaughter charge…not requiring a 12-year-old passenger to wear a seatbelt could be viewed as gross negligence…owners of vehicles that predate safety-restraint laws are not legally required to retrofit their cars with seatbelts. As a result, that might affect whether Fritz legally acted with gross negligence.
