Traffic Violations: Intoxication Manslaughter Fines, Traffic Points and Defense

Intoxication manslaughter occurs when a person that is intoxicated or under the influence of alcohol and/or drugs operates a motor vehicle of any type and causes an accident that results in the death of a person. As in any manslaughter case, the resulting death did not occur by premeditation. It was the result of a mistake, gross negligence or misjudgment. Committing this offense while being under the influence does not diminish or minimize the charge of manslaughter; therefore, it cannot be used as a defense for the offender.

Fines and Penalties

Depending on several factors, the range of punishments or penalties for intoxication manslaughter varies substantially. For first time offenders, the penalties will be less significant than for a repeat offender. Each state has a variety of penalties, but the most common include:

· Jail time of up to 20 years

· Fines of up to $10,000

· Probation and random alcohol testing

· Interlock Ignition Device installed on vehicle

· Mandatory alcohol education classes

· Community service hours starting at a minimum of 200 hours

· Suspension or revocation driver’s license

The court will take into consideration any other prior convictions or charges for DUI or reckless endangerment either at the misdemeanor or felony level. They will also examine the conditions at the time of the accident to determine if there were any mitigating circumstances.

Traffic Points and Impact on Driving Record / License

Any conviction for driving under the influence results in the automatic suspension or revocation of your driver’s license. Under a procedure called administrative license suspension, your license can be taken before a conviction is reached if a driver fails or refuses to take a chemical test. In some cases, the individual has only ten days in which to contest the suspension at an administrative hearing with the Department of Licensing. In states where the driver point system is in effect, a DUI conviction involving the death of an individual can result in 6 points against your driver’s license.

Hiring a Lawyer

A charge of intoxication manslaughter will impact your ability to work, and it can be devastating to your family and loved ones. Working with an experienced criminal defense attorney to have your charges reduced can prevent you from lengthy jail time, court fines, and loss of your driver’s license. Your lawyer can review the evidence and point out the strengths and weaknesses of the case against you. Obtaining legal help early in the process is essential.

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