If you’re being accused of a DUI that led to someone’s death, you will likely be charged with vehicular manslaughter. Simply put, you really don’t want to mess around with a vehicular manslaughter conviction. It’s time to lawyer up. Darren DeUrso, Attorney at Law, is a seasoned traffic accident attorney who’s been defending those accused of these types of crimes for many years.
Don’t let yourself be taken advantage of and get the maximum penalty, contact DeUrso right away to see what your options are.
What are the laws against vehicular manslaughter?
In the state of New York, NYPL §125.12 states that a drunk driver who causes the death of another individual faces a Class C felony leading to up to 15 years in prison.
In order for you to be successfully convicted of vehicular manslaughter, a plaintiff must prove that their own negligence (in this case drunkenness) was the deciding factor of the accident. If you were already breathalyzed at the scene of the accident and they found you with a blood alcohol content (BAC) of 0.18, you’re already at a disadvantage in your defense.
Besides the initial vehicular manslaughter charge, you can also face charges from the victims family, including:
- Punitive damages like pain and suffering
- Loss of companionship
- Loss of financial support
Having vehicular manslaughter on your criminal record means you can’t vote, sit on a jury, or run for public office. These records are accessible to any employer, school, or institution that wishes to dig up dirt on you. This means that trying to do many things in life becomes a lot more complicated afterward.
Minimizing your punishment
Depending on the incident, sometimes you won’t be able to get off scot-free. But what you can do is at least make compelling arguments to shave down jail time and fines. It could be the difference between 15 years in prison and losing your driver’s license.
Strategies for defending yourself could include:
- Looking at the driving record of the victim
- Arguing that alcohol had nothing to do with the accident
- Arguing that the B.A.C test was inaccurate, or that the results were due to medications or some other factor
- Finding constitutional illegalities in the way that police officers investigated the incident
- Arguing that the accident was caused by understandable factors, like slippery road conditions, bright lights, a cyclist, etc.
Whatever your situation, there’s always a way to minimize how the justice system treats you. If you’re facing a vehicular manslaughter charge and are worried about the possibility of years in prison, fines, and never having a job again, don’t despair just yet. Get in touch with Darren DeUrso, Attorney at Law today.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601
Phone: (914) 772-8614