New York Aggravated Vehicular Manslaughter
Driving while intoxicated is inherently dangerous because intoxication impairs a motorist’s ability to drive safely and properly. Intoxicated driving places the driver, his or her passengers, and others at risk. Unfortunately, intoxicated or impaired driving can lead to a motor vehicle accident. Tragically, some of these accidents can turn deadly. When a driver’s intoxication causes the death of another person, the driver can face charges of Vehicular Manslaughter in the Second Degree. That charge can be elevated to Aggravated Vehicular Manslaughter in certain circumstances.
Vehicular Manslaughter in the Second Degree applies to intoxicated drivers who cause the death of another. In New York, there is a legal presumption that the death was caused by the intoxication of the driver. Other negligent driver need not be proved by the prosecutor. This charge is a Class “D” felony and upon conviction can result in criminal penalties including: up to seven years in state prison; five years of probation; loss of driver’s license for at least 1 year, installation and maintenance of an Ignition Interlock Device (IID) for at least 1 year, and fines ranging from $2,000 to $10,000.
What Is Aggravated Vehicular Manslaughter?
The charge of Aggravated Vehicular Manslaughter means that a motorist was guilty of reckless driving and Vehicular Manslaughter in the Second Degree as defined above. Additionally, the motorist must have at least one of the following:
- BAC of 0.18% or above;
- A suspension for an alcohol related offense in New York or any other jurisdiction;
- A conviction of an alcohol related offense within the past 10 years;
- Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction;
- Causes the death of more than one person;
- Causes the death of one person and the serious physical injury of at least one other person; and
- Commits the Vehicular Manslaughter with a child under the age of 16 years in the vehicle as a passenger, and causes the death of the child passenger.
Under these circumstances, a driver can be charged with Aggravated Vehicular Manslaughter. Conviction of this felony charge can lead to tough criminal penalties for the offender
What Are the Penalties?
If a driver is convicted of this offense, he or she will face significant and severe criminal penalties. Aggravated Vehicular Manslaughter is a Class “B” felony in New York. Drivers convicted under this charge could face up to 25 years in state prison.
If you or a loved one has been charged with Aggravated Vehicular Manslaughter, call the experienced New York DWI attorneys at Nave DWI Defense Attorneys. Our team of skilled lawyers has successfully represented thousands of New York. We are experienced attorneys, who understand New York’s complicated DWI laws. Our firm aggressively defends every client, negotiating with prosecutors when possible and skillfully representing our clients at trial when necessary. Aggravated Vehicular Manslaughter is a serious charge, with serious penalties on the line. With so much at stake, be sure to hire the DWI experts at Nave DWI Defense Attorneys. Contact us today for a free case evaluation, and to learn more about how our focus on DWI cases will help you.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.