Vehicular Manslaughter
Vehicular manslaughter
is the crime of unintentionally causing the death of a
person due to illegal driving. Vehicular manslaughter
can occur where there has been extreme carelessness,
drunk driving, reckless driving, or
speeding.
Vehicular manslaughter entails
the unintentional, yet unlawful, killing of another
human being as the result of a car accident.
The crime
requires proof that the death resulted from a driver
operating an automobile with gross negligence or simple
negligence and in violation of some law not amounting to
a felony. If you are
driving under the influence of alcohol or drugs when a
fatal traffic accident occurs, you can be charged with
manslaughter.
An important aspect of
vehicular manslaughter entails the driver’s violation of
a law. If a person is driving negligently and in
violation of any traffic law, he can be charged with
vehicular manslaughter if the death of a human being
occurs. This means that whether someone is driving a few
miles over the speed limit or driving under the
influence, a criminal charge can be brought against him
or her if negligent driving causes the death of a human
being.
Depending upon the circumstances,
vehicular manslaughter
can be charged as either a misdemeanor or felony. In
circumstances where the driver was speeding just a few
miles over the speed limit, a court might find a
misdemeanor.
However, where the driver was
driving under the influence,
a court would most certainly find a
felony.
Some of the potential
Consequences for Vehicular Manslaughter include:
Factors for the above potential consequences can
include:
-
Prior convictions of
the accused
-
Currently on
probation or parole
-
Alcohol/drug related
accident
-
Degree of media
attention
Gross
negligence or driving a few miles over the speed limit
might be charged as a misdemeanor, but drunk driving
resulting in a fatality is most likely treated as a
felony. Death of a passenger, including a loved one or
friend, can be vehicular manslaughter
Since
the outcome of vehicular manslaughter related cases
could be life changing, choosing an attorney requires
you to be well informed and advised. To help you make
the right decision, our service can provide you with
important background information that includes
attorney's ratings, records, and certifications.
The
added danger of a charge of gross vehicular manslaughter
may depend upon some additional circumstances – such as
the number of people killed, the spectacular nature of
the incident, or a variety of other factors. In such
cases, the prosecutor may decide to file charges of
second-degree murder, which requires proof of “malice.”
In instances where the defendant has a history of
previous DUI convictions, prosecutors have used this
history to present what they describe as a callous
disregard for human life.
Any
one of us, unfortunately, can be the driver of a car
involved in an accident that results in the death of
another person. Fortunately, most of the time we’re not
driving while under the influence. But if you or a loved
one is DUI while involved in an auto accident that
results in death, we encourage you to call The Sheena
Law Firm today to discuss your case.
