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New York Penal Law 125 12 Vehicular Manslaughter Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: October 17, 2023)

Last Updated on: 17th October 2023, 10:57 pm

Understanding New York’s Vehicular Manslaughter Laws

Vehicular manslaughter is a serious crime in New York, carrying penalties of up to 7 years in prison. But what exactly constitutes vehicular manslaughter under New York law? This article provides an in-depth look at the crime of vehicular manslaughter in the second degree under New York Penal Law 125.12, including what the law says, potential defenses, and the consequences if convicted.

What is Vehicular Manslaughter in the Second Degree?

New York defines three levels of vehicular manslaughter: second degree, first degree, and aggravated vehicular homicide. Vehicular manslaughter in the second degree is the least serious of these charges.

Under Penal Law 125.12, a person commits vehicular manslaughter in the second degree when they cause the death of another person in one of three ways:

  • Operating a motor vehicle, vessel, public vessel, snowmobile or all-terrain vehicle while intoxicated by alcohol or drugs, and causing the death of another person as a result of impairment. This includes driving with a blood alcohol content of .08% or more.
  • Operating an 18-wheeler containing hazardous materials while impaired by alcohol, causing another’s death.
  • Operating a snowmobile or ATV while impaired by alcohol or drugs, causing another’s death.

So in simple terms, if you cause someone’s death while driving drunk or high in New York, you can be charged with vehicular manslaughter in the second degree.

Proving Vehicular Manslaughter in the Second Degree

For a vehicular manslaughter in the second degree conviction, prosecutors must establish these key elements beyond a reasonable doubt:

  • Operation of a Vehicle: The defendant was operating a motor vehicle, vessel, snowmobile or ATV.
  • Intoxication: The defendant was legally intoxicated at the time of operation, either from alcohol (BAC of .08% or more) or impairment from drugs.
  • Causation: The defendant’s intoxicated operation of the vehicle caused the death of the victim.
  • Mens Rea: The defendant acted with criminal negligence – failure to perceive a substantial and unjustifiable risk of death.

The prosecution will rely heavily on chemical testing to prove intoxication levels. Police also investigate the circumstances of the crash to establish causation and negligence.

Penalties and Sentencing

Vehicular manslaughter in the second degree is a Class D felony under New York law. The maximum possible sentence is:

  • Up to 7 years in state prison.
  • Fines of up to $5,000.
  • Revocation of driver’s license for 6 months minimum.

Sentencing depends on factors like prior criminal history and the judge’s discretion. But defendants face substantial prison time if convicted.

Possible Defenses to Vehicular Manslaughter Charges

There are several legal defenses that a skilled criminal defense attorney may use to contest vehicular manslaughter charges, such as:

  • Invalid chemical test: Challenging the reliability or procedures of the BAC testing.
  • Lack of probable cause: Arguing that police lacked valid grounds to require BAC testing.
  • Faulty causation: Contesting the link between intoxication and the fatal crash.
  • Lack of negligence: Asserting that the defendant’s actions did not rise to the level of criminal negligence.
  • Legal intoxication: Disputing that the defendant was legally intoxicated under the .08% BAC standard.

An attorney may also negotiate a plea bargain to lesser charges like reckless driving to reduce potential penalties. But the facts of each case dictate available defenses.

If aggravating factors are present, prosecutors can pursue more serious homicide charges:

  • Vehicular manslaughter in the first degree (Penal Law 125.13) involves a drunk driving death with a BAC of .18 or higher. It is a Class C felony with harsher sentencing.
  • Aggravated vehicular homicide (Penal Law 125.14) applies when the defendant was driving recklessly (speeding, etc) in addition to DWI. It is a Class B felony with up to 25 years prison.
  • Prior convictions for DWI, DWAI, or other vehicular crimes can also trigger enhanced penalties.

So while a first-time vehicular manslaughter offense may lead to a Class D charge, repeat offenders face more serious homicide counts.

Finding an Experienced Vehicular Manslaughter Lawyer

Facing vehicular manslaughter charges in New York can be an overwhelming and terrifying experience. But an experienced criminal defense lawyer can thoroughly analyze the prosecution’s case and identify potential defenses. Knowledge of DWI laws and procedures is crucial.

The costs of legal representation are far outweighed by the devastating consequences of a conviction. So anyone charged with vehicular manslaughter in New York should immediately consult with a qualified attorney. There may be defenses available that a skilled lawyer can leverage for an acquittal or reduction of charges. Don’t leave your future to chance – get experienced legal help right away.

Frequently Asked Questions About Vehicular Manslaughter in New York

What is the difference between vehicular manslaughter 1st vs 2nd degree?

The main difference is the driver’s blood alcohol content (BAC). Vehicular manslaughter in the first degree involves a BAC of .18 or higher when causing a drunk driving fatality. Vehicular manslaughter in the second degree is for BAC levels between .08 and .17. First degree is a Class C felony, while second degree is a Class D felony.

What if I was driving high, not drunk?

Under New York law, driving while impaired by drugs other than alcohol can also lead to a vehicular manslaughter charge. Prosecutors don’t have to prove intoxication specifically from alcohol. Any type of intoxication that causes a fatal crash can lead to criminal liability.

Can I be charged with both vehicular manslaughter and criminally negligent homicide?

Yes, New York prosecutors can bring multiple homicide charges in situations involving an intoxicated driver causing death. Vehicular manslaughter requires intoxication, while criminally negligent homicide focuses on the reckless conduct itself. But the charges involve the same victim, so any sentences get served concurrently if convicted of both.

What if the other driver was partially at fault – does that help my defense?

Potentially yes. Your attorney can argue the victim’s own negligence contributed to the accident, weakening causation between your actions and their death. While not a complete defense, it may help secure a conviction on a lesser charge or achieve a more lenient sentence.

How long do vehicular manslaughter charges stay on your record?

A vehicular manslaughter conviction creates a permanent criminal record. The details remain publicly accessible forever, absent a rare expungement. Even a dismissal through plea bargain or acquittal can show up on background checks. So these charges create lasting stigma and barriers to employment, even if they don’t end in a conviction.

Conclusion: Understanding New York’s Vehicular Manslaughter Laws

Vehicular manslaughter is a very serious drunk driving offense under New York criminal law. Anyone facing such charges needs an experienced attorney to protect their rights and future. The complexities of DWI laws and testing procedures require specialized legal knowledge to mount an effective defense. With so much at stake, never attempt to navigate a vehicular manslaughter case without the guidance of a skilled criminal lawyer. Use this article as a starting point, then contact a qualified attorney for personalized legal advice and representation.

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