Vehicular Manslaughter is the legal term for an unintentional, criminal homicide that occurs as a result of operating a motor vehicle. Vehicular manslaughter can be charged as either voluntary or involuntary. Vehicular manslaughter charges may apply to someone who causes death by driving under the influence of alcohol or drugs, in some cases texting while driving.
Vehicular manslaughter is a criminal offense in which one person causes the death of another person, often unintentionally. Vehicular manslaughter can be charged as either a felony or misdemeanor and it may also be referred to as vehicular homicide. Vehicular homicide is generally considered less serious than murder because it does not involve premeditation on behalf of the driver; however this type of crime does carry significant consequences for those convicted including fines and imprisonment.
Vehicular manslaughter can be defined as the act of killing a passenger or bystander in a vehicle, intentionally or accidentally. The U.S., alone, experiences vehicular manslaughter on average 3 times per day.
The possible defenses for vehicular manslaughter
One defense strategy for vehicular manslaughter cases is exclusion of incriminating evidence. For example, if someone’s blood alcohol level was over the legal limit or their speed exceeded the posted limit in order to cause injury. The court will likely not allow evidence like this because law enforcement officers failed to follow procedures or obtained the results in a way that violates a person’s rights.
A person in an accident where the intoxication wasn’t beyond control could be argued to have committed vehicular manslaughter as laid out by law.
A person can be acquitted of vehicular manslaughter if a judge or jury finds that an outside act caused the victim’s death.
But, if a person chooses to drive with their known medical condition, they can still be charged with vehicular homicide if the courts determine that driving recklessly or negligently was the reason.
The vehicular homicide civil case
I. In a civil case, pleading guilty to any misdemeanor could be used against you in court. In the absence of a plea agreement, this means that the defendant cannot plead guilty in the criminal case and then try to deny liability in a civil lawsuit without the jury hearing that they admitted to criminal fault. Vehicular manslaughter can be a highly contentious matter in a civil suit. Having an experienced wrongful death lawyer serving as Marsy’s counsel improves the likelihood of success in the civil case.
II. The pleas and convictions of guilty to certain charges affects whether or not you will receive a civil jury instruction of per se negligence. For example, in a civil suit you want the jury to hear that defendant contested the violation of the driving while intoxicated law in criminal court and lost. Then you will ask the judge for an instruction that this means he or she is presumed negligent according to law
There are a number of decisions to make when pursuing criminal or civil cases against defendants.
Restitution claims are for financial losses only and do not include compensation for non-financial damages. So each case must be evaluated to determine the amount of financial damage that is likely to be awarded and whether those damages fall within the normal restitution award. In some cases, heirs may wish to obtain both a civil judgment and a restitution award if they want to make up for lost financial gains from their loved one’s death.
For more information on how https://douglascrawfordlaw.com/ can help you with Vehicular Manslaughter, please contact us at (702) 383-0090, or visit us here:
Douglas Crawford Law
501 S 7th St, Las Vegas, NV 89101