Vehicular Manslaughter

Vehicular Manslaughter is a felony which is charged when intoxicated and drug impaired drivers cause the death of others. Before June 8, 2005, in order to charge someone with Vehicular Manslaughter, the District attorney’s Office had to be able to establish criminal negligence to prove Vehicular Manslaughter, but this requirement was repealed. If you or a loved one is charged with Vehicular Manslaughter or another serious crime, contact the Westchester County Criminal Defense lawyers at the Law Office Of Mark A. Siesel through this online form or toll free at 888-761-7633. When charged with Vehicular Manslaughter, you need immediate, experienced, and diligent legal representation as you are facing potential jail time, significant loss of driving privileges, fines, and the combined effect on your personal life and employment—we are here to help.

Effective November 1, 2006, under section 125.12 of the New York State Penal Law, a person is guilty of Vehicular Manslaughter In the Second Degree, a Class D Felony, if they cause the death of another person and they either:

  1. Operate a motor vehicle while intoxicated pursuant to the Vehicle & Traffic Law (with a blood alcohol level of 0.08 or higher), or by the combined influence of drugs and alcohol, or operate a public vessel while intoxicated under the Navigation Law;
  2. Operate a more than 18,000 gross weight motor vehicle with flammable, radioactive or explosive materials in the vehicle and the cause of death is related to the flammable, radioactive or explosive materials; or
  3. Operate a snowmobile or ATV while intoxicated or impaired by drugs, or a combination of both, and cause the death of another person by the operation of that snowmobile or ATV.

Vehicular Manslaughter in the First Degree, which is a Class C Felony under Section 125.13 of the New York State Penal Law, is charged when the person commits the crime of Vehicular Manslaughter in the Second Degree and either:

  1. Commits the crime with a blood alcohol content (BAC) of 0.18 or above (at which level the District Attorney can charge Aggravated Driving While Intoxicated);
  2. Commits the crime while knowing or having reason to know that his or her driver’s license has been suspended or revoked in New York or another state;
  3. Has a previous conviction for DWI within the preceding 10 years;
  4. Causes the death of more than one person;
  5. Has a previous conviction under this statute or the Vehicular Assault statute.

Aggravated Vehicular Homicide

As of November 1, 2007, the new crime of Aggravated Vehicular Homicide, a Class B Felony under Penal Law Section 125.14, was established by the New York State Legislature. This crime is committed if the person engages in reckless driving under the New York State Vehicle & Traffic Law, commits the crime of Vehicular Manslaughter 2nd, and either:

  1. Commits the crime with a blood alcohol content (BAC) of 0.18 or above (at which level the District Attorney can charge Aggravated Driving While Intoxicated);
  2. Commits the crime while knowing or having reason to know that his or her driver’s license has been suspended or revoked in New York or another state;
  3. Has a previous conviction for DWI within the preceding 10 years;
  4. Causes the death of more than one person;
  5. Causes the death of 1 person and serious physical injury to at least 1 other person; or
  6. Has a previous conviction under this statute or the Vehicular Assault statute.

When you or a loved one has been charged with a serious criminal offense such as Vehicular Manslaughter or Vehicular Assault, contact the Law Office Of Mark A. Siesel with our online form or toll free at 888-761-7633 for experienced, knowledgeable and dedicated legal representation.