Vehicular Manslaughter in New York
Drinking and driving is a serious offense in most jurisdictions, but this offense is never made worse than when someone drives under the influence of alcohol or some other substance and causes an accident that leads to someone's death. Most states, including New York, have specific statutes in place for this occurrence, and what began as a simple mistake for most can turn out to carry a lifetime of consequences.
Vehicular manslaughter is the crime at issue when someone is killed by reckless driving, and the defendant does not even need to necessarily be under the influence of a controlled substance, as you'll see with the overview of the statutes below. If you are facing this problem, contact our lawyers as soon as possible to schedule an initial consultation.
Vehicular Manslaughter Statutes in New York
The New York statute states that second degree vehicular manslaughter is defined as:
§ 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either: (paraphrased)
- Is driving under the influence;
- Drives a vehicle containing flammable gas that weighs more than 18,000 pounds in violation of another statute; or
- Drives an ATV while under the influence.
Conviction of second degree manslaughter is recorded as a Class D felony.
The New York statute states that first degree manslaughter is defined as:
§ 125.13 Vehicular manslaughter in the first degree.
A person is guilty of vehicular manslaughter in the first degree when he or she commits the crime of vehicular manslaughter in the second degree as defined in section 125.12 of this article, and either: (paraphrased)
- Has a BAC of .18 or higher;
- Is driving with a suspended or revoked license;
- Has a prior conviction of DUI; or
- Causes the death of more than one person.
Conviction of this crime results in a Class C felony.
Your Next Step
A conviction for any felony is serious, and a conviction could result in a prison term of 15 years or more, depending on the circumstances. If you are facing prosecution for vehicular manslaughter, you need to contact the Blanch Law Firm today to schedule an initial consultation.
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