If you are intoxicated, under the New York Penal Code, you will be charged with a serious crime if you drive an SUV, a car, a minivan or any other type of vehicle and kill another person in the process of driving. Three offenses relate to killing someone when you are driving under the influence of alcohol and drugs. Aggravated vehicular homicide is the most serious of all these crimes. Under the New York Penal Law 125:14, you are likely to face a charge of the aggravated vehicular homicide if you drive carelessly under the influence of drugs and alcohol. During the process of driving, you hit and kill a person, and:
• Your BAC examination and test proved to be more than .18,
• Within the past decade, you were previously convicted of driving under the influence of alcohol and drugs in New York or any other state in the United States,
• You have your driving privileges suspended in any other state in the United States because you were convicted of driving under the influence of alcohol and any drug.
• You had your driving privileges suspended because you refused to take a chemical examination if you were driving under the influence of alcohol and any other drugs.
• You caused the death of more than one person while driving under the influence of drugs and alcohol.
• You were convicted previously for committing vehicular assault, or vehicular manslaughter
• A 15-year-old child and below child as present in the car when you were driving.
Joe, on his way home from duty, stopped at the local bar and had some few beers. After getting drunk, he decides to drive home. When he approaches the stop sign, he slows down but does not stop driving. A lady by the name Kendra steps in the walking lane and gets hit by Joe. Kendra was pronounced dead when she landed the hospital. Joe’s breathe smells alcohol. He is also arrested because he performs poorly at the field sobriety. If the chemical test reveals that he had more than .18 BAC in his blood, he could be prosecuted and convicted of aggravated vehicular manslaughter.
1. First-degree vehicular manslaughter: New York Penal Law 125:13
2. Second-degree vehicular manslaughter: New York Penal Law 125:12
3. Reckless driving: New York Penal Law 1212
You must have a BAC test of at least .18 to be charged with aggravated vehicular homicide. When the law enforcement test is conducted on you, it must show that you had that chemical amount in your blood system. The test must also be performed in a manner that suggests that the test is unassailable. You can also challenge the chemical test accuracy as evidence.
You can also defend yourself on how the test was administered. There are rules that must be followed to have the chemical test administered to you.
Because aggravated vehicular homicide is one of the crimes classified as class B felony, you can face a prison sentence that does not exceed 25 years. A fine can also be accompanied. Your driving privileges can be revoked or suspended.
The NYC Criminal Attorneys Law Firm
It is imperative that you seek the services of an experienced attorney if you are charged with vehicular homicide. If you get convicted for 25 years, you will lose your time away from your loved ones and career. The staff at NYC Criminal Attorneys Law Firm has many years of professional experience in defending their clients in the New York criminal courts who have been charged with conspiracy, manslaughter, and vehicular manslaughter. Call us to schedule a free consultation session with an experienced lawyer.