If alcohol or drugs intoxicate you, and you kill someone while you are in the driver’s seat of a car, SUV, minivan, or any other vehicle, you are likely to face a vehicular manslaughters charge. According to the New York criminal code, there are three charges you can face if you are involved in killing another person as a result of drug or alcohol intoxication. They include the first-degree vehicular manslaughter and the second-degree vehicular manslaughter. You can also face a charge related to aggravated vehicular homicide. For all these tree offenses, the least serious charge is the second-degree vehicular manslaughter. However, this charge still belongs to a class of felony.
Under the New York Penal Code: 125:12, you are more likely to face a second-degree vehicular manslaughter if you kill someone and:
• You operate an all-terrain vehicle or a snow-mobile car while intoxicated with alcohol or drugs. Or
• You operate a vehicle while you are legally intoxicated and the car contains some flammable gas, explosives, or radioactive material in it. Or
• You operate a vehicle while you are legally intoxicated. In this case, your alcohol level in the blood falls below .08 or driving under the impairment and influence of the drugs.
George went to a friend’s home for a birthday party where they eat and consume several alcohol drinks for more than four hours. When he feels exhausted, he leaves the room at 1:00 am. For more than 10 minutes of driving away from that home, he collides with another car. The other car’s driver dies three days later after the incidence due to the sustained injuries. George’s BAC level was revealed through a chemical test to be .09. George could face prosecution for the second-degree vehicular manslaughter.
1. Reckless driving: New York Penal Law 1212
2. Aggravated vehicular homicide: New York Penal Law 125:14
3. First-degree vehicular manslaughter: New York Penal Law 125:13
If you have the ability to challenge the validity of the test issued by the doctors, then you stand a high chance to defend yourself against the criminal offense. You also have an increased success rate for defense in this second-degree manslaughter. For instance, you must follow some specific procedures to ensure that the test had an accuracy of the chemical test.
Because the second-degree vehicular manslaughter is a class D felony, you are likely to face a seven-year jail term in prison. While you get the driving privileges, they can be revoked or suspended after the prison sentence.
New York Penal Law § 125.12: second-degree vehicular manslaughter
A person is said to be guilty of the second-degree vehicular manslaughter when he or she causes death to someone, and either:
1. You operate a car in violations of subdivisions three, two, and four under the traffic and vehicle law.
2. You operate a vehicle with a weight rating of more than the one stated in the license containing explosives, radioactive materials, and flammable gas.
3. You operate a snowmobile in violation of the historical and recreation preservation law.
The NYC Criminal Attorneys Law Firm
If you are charged with the second-degree vehicular manslaughter charges, it is important that you seek experienced legal advice at your side. A legal representative has the experience to twist around the case and get you out. You can face a seven-year prison term if you are convicted of these charges. This lost time can never be recovered in prison. The staff at NYC Criminal Attorneys Law Firm has many years of experience in defending their clients at the New York criminal courts. Call our offices to schedule a free consultation session with an experienced legal representative.