In New York, vehicular manslaughter is a felony that is charged when intoxicated and drug impaired drivers cause the death of others. These are serious charges for which you’ll 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. If you or a loved one is charged with a DWI involving another’s death, give seasoned White Plains vehicular manslaughter lawyer Mark A. Siesel a call. We have decades of experience raising procedural and substantive defenses.Defending Against Vehicular Manslaughter Charges
Under section 125.12 of the New York State Penal Law, the court will find a person guilty of vehicular manslaughter in the second degree, a Class D Felony, if the prosecution can establish beyond a reasonable doubt that they caused the death of another person and one of the following circumstances exist:
- They operated the motor vehicle while under the influence with a blood alcohol level of 0.08 or higher, or by the combined influence of drugs and alcohol, or by operating a public vessel while intoxicated under the Navigation Law.
- They operated a more than 18,000 gross weight motor vehicle with flammable, radioactive or explosive materials in the vehicle and the decedent’s cause of death was related to the flammable, radioactive or explosive materials.
- They operated a snowmobile or ATV while intoxicated or impaired by drugs, or a combination of both, and caused the death of another person by the operation of that snowmobile or ATV.
Vehicular manslaughter in the first degree is a Class C Felony under Section 125.13 of the New York State Penal Law. Our White Plains lawyers see first degree vehicular manslaughter charges when the person commits the crime of vehicular manslaughter in the second degree and either:
- They perpetrated 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).
- They perpetrated the crime while knowing or having reason to know that their driver’s license had been suspended or revoked in New York or another state or their license was suspended or revoked based on their failure to submit to a chemical test under section 1194 of the Vehicle and Traffic Law, or after a conviction for a violation of 1192 of the Vehicle and Traffic Law.
- They had a previous conviction for DWI within the preceding 10 years.
- They caused the death of more than one other person.
- They had a previous conviction under this statute or the Vehicular Assault statute.
Aggravated vehicular homicide is a Class B Felony under Penal Law Section 125.14. Our vehicular manslaughter lawyers serve White Plains defendants charged because they engaged in reckless driving under the New York State Vehicle & Traffic Law. You could be charged with aggravated vehicular manslaughter if you committed second degree Vehicular Manslaughter and either:
- You perpetrated 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).
- You perpetrated 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.
- You were previously convicted of DWI in the preceding 10 years.
- You caused the death of more than one person.
- You caused the death of 1 person and serious physical injury to at least 1 other person; or
- You have a previous conviction under this statute or the Vehicular Assault statute.
If you or a loved one was charged with a DWI or traffic crime that resulted in someone’s death you should call seasoned White Plains vehicular manslaughter attorney Mark A. Siesel. Mr. Siesel has more than three decades of experience represents clients in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, Bronx, and Ulster Counties. Please contact us at (914) 428-7386 or complete our online form for experienced, knowledgeable, and dedicated legal representation.