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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.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
As you can see, the letter of the law doesn’t have to be as complicated and confusing as you think it might be.
