Vehicular Manslaughter
In Nevada, vehicular manslaughter occurs when a driver causes the death of another person through simple negligence. The crime is a misdemeanor punishable by up to six months in jail, up to $1,000 in fines, and a one-year driver’s license suspension.
Examples of Vehicular Manslaughter
Behaviors that seem harmless or insignificant may lead to vehicular manslaughter include:
- Breaking suddenly
- Eating while driving
- Slightly speeding over the speed limit
- Driving with broken tail lights
- Being distracted and forgetting to stop at a red light or stop sign
Many of these activities may occur without any consequences. But in other cases, a mistake can lead to a fatal car accident or collision with a pedestrian, leading to vehicular manslaughter charges.
Vehicular Manslaughter vs Fatal Reckless Driving
Reckless driving causing death is a more serious charge than vehicular manslaughter because it involves a willful disregard for others’ safety. Reckless driving may include driving twice the speed limit or speeding through a school zone.
Fatal reckless driving is charged as a felony, which is why defense attorneys try to reduce charges down to vehicular manslaughter.
Penalties For Vehicular Manslaughter
If convicted of vehicular manslaughter, the defendant faces up to $1,000 in fines, up to six months in jail, and a one-year driver’s license suspension. Some defendants may be allowed to do community service instead of paying the fine.
If the accident occurred in a work zone, the sentence may be doubled.
In some instances, the defendant may be able to avoid jail.
Six months after the conviction, defendants may be able to drive on a restricted license.
Fighting Vehicular Manslaughter Charges
To reduce or dismiss charges of vehicular manslaughter, a defense attorney needs to show the defendant was not at fault for the accident. Evidence that may be used to clear the defendant include:
- Eyewitness testimony
- Surveillance footage from the time of the accident
- Weather reports
- Car maintenance records
- Road condition reports
- Testimony from an accident reconstruction expert
- The driver’s medical records
Using the above evidence, the defense attorney may be able to show that:
- A third-party was at fault
- The victim carries more fault than the defendant
- The defendant did not have physical control of a vehicle when the accident occurred
- The defendant experienced an unexpected medical episode that caused him/her to lose control of the vehicle
- The defendant’s car malfunctioned at no fault of their own
- Neither party is at fault, and the accident was blameless
Prosecutors are required to prove the defendant’s guilt beyond a reasonable doubt. If the defense attorney can convince the prosecutors that their case is too weak for a conviction, the charges may be dropped before the case goes to trial.
Why Call Moskal Law
It’s important to obtain legal counsel to fight the misdemeanor vehicular manslaughter charge. A conviction will come up on background checks and could hurt the defendant’s prospects of employment in the future. Thomas Moskal knows what it takes to defend an individual charged with vehicular manslaughter in Las Vegas. Call his office today to schedule a consultation and get the representation you deserve.
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Disclaimer: The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
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