New York Vehicular Manslaughter Defense Lawyers
Vehicular Manslaughter Laws in New York State
At Barket Epstein Kearon Aldea & LoTurco, LLP, we have a long and esteemed history of representing the interests of criminal defendants across Suffolk County, Nassau County, and the entire tri-state area. When you work with our team, you have over 200 years of diverse legal experience on your side. We are esteemed thought leaders with reputations for success in cases ranging from petty theft to homicide.
What is Vehicular Manslaughter?
The charge of vehicular manslaughter involves a driver who was driving illegally, aware of the risks to others on the road but disregarding them, thus causing the death of another person.
This may involve the following:
- Driving while intoxicated (DWI) or under the influence of drugs
- Driving recklessly, with gross negligence, or while speeding
- Driving while texting or using an electronic device illegally
- Exhibiting symptoms of road rage
- Engaging in an unauthorized racing contest
Types of Vehicular Manslaughter in New York
Second Degree Vehicular Manslaughter: According to NYPL §125.12, DWI with BAC 0.08 or higher and causes the death of another person. This is considered a class C felony and may result in a prison sentence of up to 15 years.
First Degree Vehicular Manslaughter: According to NYPL §125.13, DWI with a BAC 0.18 or higher and/or caused the death of one or more people (intoxication level may be less than 0.18). This is considered a class C felony offense, punishable by up to 15 years in prison.
You may face years in prison if convicted of vehicular manslaughter. Now is the time to preserve your rights and protect your freedom.
Punishment for Vehicular Manslaughter
In order to convict a defendant of vehicular manslaughter, it is not sufficient to prove that someone died in an accident. For the charge to stick, the prosecution must be able to establish causation. In other words, the state must be prepared to demonstrate that the defendant’s illegal driving resulted in the victim’s death.
The penalties for vehicular manslaughter in New York are serious and include jail/prison terms, fines, and other consequences. The judicial process also makes room for special, individualized consequences, such as requiring the defendant to face a victim-impact panel, restricting the defendant’s possession of an electronic device with texting capabilities, or paying restitution to the family of the deceased for medical expenses.
The consequences of a vehicular manslaughter conviction do not end there. The family of the person killed in the accident may pursue the defendant in a civil suit in which large amounts of money may be demanded compensatory and/or punitive damages for pain, suffering, and emotional and financial loss.
In addition to fines, imprisonment, and the possibility of a civil lawsuit, those convicted of felonious vehicular manslaughter face having a criminal record for the rest of their lives. That record can be accessed by employers, licensing boards, educational institutions, and government agencies, and may interfere with gaining admission to a college or university or finding employment as a teacher, government employee or medical professional, among other occupations. Also, landlords often discover a defendant’s record during background checks which may limit housing opportunities. Moreover, an individual with a felony conviction may not vote, sit on a jury, or run for public office.
Strategic Defense for Vehicular Manslaughter Charges in NY
Our experience has shown and results have proven that no vehicular manslaughter case is infallible. Depending on the circumstances, defense strategies may include:
- Excluding incriminating evidence because either your constitutional rights were violated or law enforcement officials did not follow proper procedures when collecting evidence;
- Questioning the accuracy of blood alcohol level or drug tests;
- Proving that your driving was not the cause, or was not the only cause, of the fatality; and/or
- Proving that your apparent intoxication was the result of another medical condition or event.
A Nationwide Influence
Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience
Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach
Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled
Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
Three Convenient Office Locations
Our firm offers clients three convenient locations in Garden City, Manhattan, and Huntington.