Vehicular homicide is causing someone’s death while driving, which can be a misdemeanor or felony depending on the circumstances. It can involve cyclists, passengers, drivers, and pedestrians. Some states require a felony charge for driving under the influence. Sentencing can range from no prison time to 15 years and fines. Accidents that result in death may not always result in criminal charges. Prosecutors must prove criminal, reckless, or negligent behavior.
When a person commits vehicular homicide, they have caused the death of someone else while driving. This is a common tax in places like the US. In other countries, the charge may have a different title, for example ‘death by dangerous driving’. In either case, vehicular homicide could involve the deaths of cyclists, the driver’s passengers, other drivers and their passengers, and pedestrians. A vehicle can be anything normally driven on the roads, such as a car, truck, moped, or motorcycle.
It can be said that vehicular homicide is always serious because it resulted in the death of someone else or perhaps multiple people, but courts may perceive this differently within distinctive jurisdictions. Many courts have the option to consider the charge a misdemeanor or misdemeanor, depending on the circumstances that may have caused the death. Minor traffic offenses, such as speeding, that result in death are usually misdemeanors, but driving under the influence would be more likely to make a court perceive vehicular homicide as a felony.
Any jurisdiction where vehicular homicide is a charge may have fairly specific laws about when to evaluate cases as misdemeanors or felonies. Alternatively, some states have two separate counts of manslaughter and vehicular homicide, which are a misdemeanor and a felony, respectively. Occasionally, there are very blurred lines between the two charges, but the difference to the accused person can be quite serious.
Many US states have rules that the driver must commit a felony to be charged with vehicular homicide. As stated, the most common reason the charge is perceived as a felony, or is not manslaughter, is because people drive under the influence of alcohol or drugs. Some states, like California, even require new drivers or license renewers to sign a form stating they understand they will face homicide charges if they drive while intoxicated.
The difference in whether vehicular homicide is a misdemeanor or a misdemeanor can be huge, sentencing-wise. An offense is usually punishable by no more than one year in prison, and sometimes without prison time, and a fine of approximately $1000 US Dollars (USD). Those facing a felony charge could serve three to 15 years in prison and pay additional fines. Anyone charged and convicted of vehicular homicide could also face civil suits from family members of the deceased. Individuals facing this allegation are strongly advised to hire a lawyer.
All accidents that result in the death of someone are not necessarily considered criminal acts. Breakdown of a vehicle at a certain time resulting in an accident or obvious cases where a driver has not broken any laws may not result in criminal charges. In any case where charges are brought against someone, a prosecuting attorney must demonstrate criminal, reckless, or negligent behavior. Sometimes, unfortunately, accidents happen even when these behaviors don’t exist.
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