Archives : vehicular manslaughter
Vehicular Manslaughter in Ohio
Section 2903.06 of the Ohio Revised Statutes makes it a crime to operate a motor vehicle, including a motorcycle, snowmobile, watercraft or aircraft which causes the death or serious injury of another or of an unlawful termination of another’s person’s pregnancy. You could be charged with aggravated vehicular homicide, vehicular homicide or vehicular manslaughter. If convicted, you face fines, jail time and/or suspension of your driver’s license. You may also face a civil lawsuit filed against you by the victim or their family.
Aggravated Vehicular Homicide
The following offenses are considered aggravated vehicular homicide in Ohio:
Operating a motor vehicle while impaired by alcohol or drugs causing serious death or injury to another person or unlawful termination of a person’s pregnancy. It is considered a second-degree felony. You face a mandatory jail time of two to eight years, a lifetime suspension of your driver’s license and a fine up to $7,500.
Operating a motor vehicle recklessly in a construction zone, which results in the death or serious injury of another person. It is considered a third degree felony. You face a discretionary prison sentence of one to five years, a driver’s license suspension from three years to lifetime and a fine up to $5,000.
Vehicular Homicide
The following offense is considered a vehicular homicide in Ohio:
Operating a motor vehicle negligently or with excessive speed. It is considered a misdemeanor of the first degree. You face an optional jail sentence up to 180 days, a driver’s license suspension up to one to five years and a fine up to $1,000.
The following offense is considered a vehicular manslaughter in Ohio:
Operating a motor vehicle that causes the accidental death of another person. It is considered a misdemeanor of the second degree. You face an optional jail sentence up to 90 days and a fine up to $750.
Case Example:
Charges of misdemeanor vehicular homicide, vehicular manslaughter, violation of assured clear distance and failure to proceed in marked lanes of travel were filed on May 3, 2010 in Chardon Municipal Court against 21-year-old male. The person charged was driving his vehicle on December 17, 2009 when he turned and struck a 48-year-old woman from behind while she was walking with traffic. The woman died as a result of her injuries.
The Ohio State Highway Patrol investigated the accident and determined the driver was not driving his vehicle in a reckless manner and that no drugs or alcohol were involved. Therefore, prosecutors made the decision that misdemeanor charges were appropriate. If convicted, he could face a jail sentence of up to six months and a fine up to $1,000. He pleaded not guilty and a pre-trial has been set in Chardon Municipal Court on June 1, 2010. Investigators at the scene found some front-end damage to the vehicle on the grill, hood and radiator. The accident occurred in a clear visible area of the road with a 25 M.P.H. speed limit.
The victim’s husband has filed a civil lawsuit against the driver in Geauga County Common Pleas Court for negligence and wrongful death causing pain and suffering to his wife. His lawsuit claims that the driver was negligently operating the motor vehicle.
If you are charged with aggravated vehicular homicide, vehicular homicide or vehicular manslaughter in Ohio, you should hire an Ohio criminal defense attorney to defend you. The attorney may be able to plea bargain serious aggravated vehicular homicide charges to a reduced charge such as speeding or negligence or get you into a drug and alcohol counseling program which would give you a suspended sentence or probation or get your vehicular homicide charges or vehicular manslaughter charged reduced to lane changing.
California Man Suspected of Felony DUI
A fatal car collision that occurred near Coachella, California has resulted in the deaths of three children and one adult. On Monday, October 27, 2008 at 1 a.m., a 2009 Cadillac CTS ran a stop sign and ploughed into a 1995 Ford Taurus.
Andres Z. Luna, a 33-year old from Thermal, California, was driving the Cadillac that killed the passengers of the Taurus – an 11-month old, a 7-year old, an 8-year old and a 30-year old woman. None of the victims’ names have yet been released by the authorities.
Following the accident, Luna was arrested on suspicion of drunk driving, as well as on four counts of vehicular manslaughter.
Details of the Accident
The car crash took place at Avenue 62 and Harrison Street in the desert town known as Coachella. After Luna ran a stop sign and crashed into the Taurus, the Taurus started spinning out-of-control, which only ended when the car rammed into a couple of concrete posts and a fire hydrant.
Upon these final impacts, the Taurus split in half. The Cadillac, on the other hand, remained intact following the crash.
While the three kids in the Taurus were thrown from the car during the events of the accident, the woman was still lodged in the wrecked vehicle. All four were already dead when authorities arrived at the scene.
Luna Faces Felony DUI and Vehicular Manslaughter Charges
The California Highway Patrol is still investigating whether or not Luna was under the influence of drugs and/or alcohol at the time of this tragic auto accident.
Authorities haven’t specified whether Luna submitted to a breathalyzer or whether a blood test was taken to evaluate his sobriety. As a result, Luna’s blood alcohol content (BAC) at the time of the crash is still unknown.
If convicted of felony DUI and four counts of vehicular manslaughter, Luna could face up to 40 years in a California State Prison, as each count of “Gross Vehicular Manslaughter with a DUI” carries up to a 10-year sentence.
(Source: CBS2)
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Vehicular Manslaughter Cal. Penal Code 192
By Michael D. Grahn, Attorney at Law and Natalie Banach
The screeching of tires and smashing of car parts can signify the beginning of a horrifying experience in someones life. Getting into a car accident can produce a slew of emotional and physical problems and whats more, when a death occurs, criminal allegations can enter into the mix.
Under certain circumstances, when death occurs, either to a passenger, a nearby pedestrian or a person in the car that was struck, a charge of vehicular manslaughter can be brought against the driver of the offending vehicle. (Cal. Penal Code 192.) Accordingly, it is important to understand how a tragic accident can also become a criminal charge.
In many cases, an accident causing death is the result of negligence by the driver. When this negligence is coupled with the commission of a crime not constituting a felony, such as violation of speed limits or driving under the influence, vehicular manslaughter may be charged against the driver. (Cal. Penal Code 192(c).)
What Is Vehicular Manslaughter?
Vehicular manslaughter entails the unintentional, yet unlawful, killing of another human being as the result of a car accident. The crime requires proof that the death resulted from a driver operating an automobile with gross negligence or simple negligence and in violation of some law not amounting to a felony.
An important aspect of vehicular manslaughter entails the drivers violation of a law. If a person is driving negligently and in violation of any traffic law, he can be charged with vehicular manslaughter if the death of a human being occurs. This means that whether someone is driving a few miles over the speed limit or driving under the influence, a criminal charge can be brought against him or her if negligent driving causes the death of a human being.
Gross Negligence Often Tested in Car Accident Deaths
One of the standards that will often be tested in cases of death via a car accident is gross negligence. Gross negligence is defined as exercising so slight a degree of care so as to raise a presumption of conscience indifference. (See, People v. Watson (1981) Cal.3d 290, 296.) For example, assume Tom is taking medication recommending that he not drive or operate any vehicles for a three-hour period. Tom waits two-and-a-half hours, decides he is more than capable of driving, and on the way to the store hits and kills a pedestrian he did not see (because the medication had impaired his sight). In this instance, Tom can be charged with vehicular manslaughter and gross negligence because he was told not to drive and knowingly accepted the risks when he got into is car to go to the store. Gross negligence is usually more than simple disregard, but just shy of intentional evil.
For example, consider a situation where John is driving his automobile in his residential neighborhood at 50 miles per hour (well over the speed limit). John sees a number of people walking on the sidewalk, but fails to see one of his neighbors, Jane, steps off the sidewalk and into the street. Johns car strikes and kills Jane. In this instance, John could be charged with vehicular manslaughter because he (a) killed a human being, (b) violated a law not constituting a felony, the speed limit and (c) clearly exhibited gross negligence by driving so fast in a residential neighborhood.
Vehicular Manslaughter: Misdemeanor or Felony
Vehicular manslaughter can be charged either as a misdemeanor or as a felony, depending on the severity of the situation and whether the driver was merely negligent or grossly negligent in operating the vehicle. (Cal. Penal Code 193(c).) A misdemeanor could result in the maximum punishment of a year in county jail and a fine, while a felony conviction could result in a state prison term. (Id.) Other consequences of vehicular manslaughter can include probation or parole, and the loss of driving privileges.
In contrast to vehicular manslaughter, an instance of a purely tragic accident, with no criminal culpability, would have to involve a completely safe and vigilant driver. For example, Susan is driving within the speed limit on a residential street and is thoroughly aware of her surroundings. Out of nowhere her neighbor runs into the street thinking there were no cars. Susan strikes and kills her neighbor. This case could be considered a tragic accident, since Susan was driving safely and observantly, adhering to all the laws and could not have predicted that her neighbor would run into the street.
Thus, anyone involved in an auto accident where injury or death occurs would be well-advised to seek legal advice in order to determine whether he faces the possibility of criminal prosecution.
