NY Penal Law 125.12 – Vehicular Manslaughter
Now it might seem like the law is a bit convoluted and confusing, but it doesn’t always have to be.
Vehicular manslaughter in the second degree.
In order to be considered guilty of vehicular manslaughter in the second degree, you have to cause the death of another person, and also either operate a vehicle in violation of certain subdivisions of the law, and as a result of some sort of intoxication because of drug use, or else the combined effects of drug and alcohol use, operate your vehicle in a way that causes someone else’s death, or if you operate a vehicle with a gross vehicle weight rating of greater than eighteen thousand pounds that contains either flammable gas, radioactive materials, or even explosives, and this is the cause of death because of your impairment, or if you operate a snowmobile in violation of certain subdivisions of the law, and also as a result of your intoxication by drugs, alcohol, or both, operate this snowmobile in a way that ends with someone else’s death. Vehicular manslaughter in the second degree is considered to be a class D felony.
Vehicular manslaughter in the first degree
Next on our list we have vehicular manslaughter in the first degree. You’re guilty of this crime when you’re guilty of vehicular manslaughter in the second degree and then also either commit the crime while operating a vehicle with a .18 blood alcohol level, or if you commit the crime while knowing or else having reason to know that your license or privilege of operating a vehicle in a different state has been suspended or revoked and this suspension or revocation is because of a conviction in that other state for an offense that would, if committed in New York, be considered a violation of any of the provisions of the law, or if your license or privilege of operating a vehicle in New York is suspended or revoked and this suspension or revocation is because you refused to submit to a chemical test. Lastly, you’d be guilty of this crime if you’ve previously been convicted of violating certain provisions of the law in the last ten years provided that a conviction in any other state or jurisdiction if committed in New York would be considered a violation of the law, would also be treated as a violation of the same law. This particular crime is considered a class C felony.
Aggravated vehicular homicide
Finally on our list we have aggravated vehicular homicide. In order to be guilty of this crime, you have to have engaged in reckless driving and committed vehicular manslaughter in the second degree, and then either commit the crimes while operating a vehicle with a blood alcohol level of .18, or you’d have to commit these crimes while knowing that your license or privilege of operating a vehicle in another state was suspended or revoked because of a conviction in this other state for an offense that would, if committed in New York, be considered a violation of certain provisions of the law, or if your license or privilege of operating a vehicle in New York is suspended or revoked because of a refusal to submit to a chemical test or after a conviction for violation of certain provisions under the law, or lastly if you’ve previously been convicted of violating certain provisions in the law in the last ten years, provided that a conviction in another state for an offense that, if committed in New York, would be considered a violation of certain sections of the law, will in fact be treated as a violation of that law. Aggravated vehicular homicide is considered a class B felony.
As you can see, the letter of the law doesn’t have to be as complicated and confusing as you think it might be.