Vehicular manslaughter is an incredibly serious charge. It involves the death of a person and can have serious consequences. If you find yourself being charged with vehicular manslaughter, you will need a skilled criminal defense attorney, who can help you understand your rights, as well as the legal process.
What is Vehicular Manslaughter?
Legal dictionaries define vehicular manslaughter as the illegal operation of an automobile, including negligence and drunk driving, that results in the death of a human being. More specific definitions vary by states, and it is often termed vehicular homicide, which may seem confusing. However, homicide simply means the act of one person killing another, while manslaughter is the act of one person killing another as a result of being criminally negligent. Therefore, vehicular manslaughter and vehicular homicide are often used to mean the same thing.
In Minnesota Statute § 609.2112, which uses the term vehicular homicide, it is defined as a person causing the death of human being as the result of operating a motor vehicle:
- In a grossly negligent manner;
- In a negligent manner while under the influence of:
- Alcohol, a controlled substance, or any combination of those elements;
- While having an alcohol concentration of 0.08 or more, either at the scene or within two hours;
- In a negligent manner while under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
- In a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinol, is present in the person’s body;
- The statute also states that if the controlled substance was used in accordance with directions of a legitimately obtained prescription;
- Where the driver who causes the collision leaves the scene of the collision;
- Where the driver had actual knowledge that a member of law enforcement had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.
Punishment for Vehicular Manslaughter/Homicide
Depending on different factors, you may be fined no more than $20,000, imprisoned for up to 10 years, or both. In addition, in certain circumstances, if you have been convicted of another criminal driving offense in the past 10 years, you can be imprisoned for up to 15 years. Some states may classify certain instances of vehicular homicide as a misdemeanor, however, in Minnesota it is considered a felony offense.
Legal Options
A criminal defense attorney can discuss all the legal options available to you based on the charges and the evidence collected. The attorney you choose should be knowledgeable in criminal law, and you should feel supported by them. They are essentially your representative in the legal system and it should be someone you trust, have confidence in, and are comfortable talking with them.
The charge of vehicular manslaughter has serious, and grave connotations. Being charged as someone who is responsible for the loss of life is overwhelming, and a difficult burden. Make sure you have an attorney who can lighten that burden, as well as bring about the best outcome possible in this awful situation.
Contact St. Paul Criminal Defense Attorney Kevin DeVore
Facing criminal charges means you need someone in your corner who understands how the system works. Attorney Kevin DeVore knows your rights and will fight to protect them. Kevin DeVore is a St. Paul Criminal Defense Lawyer. Contact us today to explore your legal options and rights.
Posted 21st January 2021 by DeVore Law Office