Murder With Motor Vehicle

Homicide is the willful killing of one human being by another.  The only difference between a vehicular homicide and the other homicides is the use of a motor vehicle as a weapon, as opposed to a gun or knife.  State laws govern vehicular homicide; however, most statutes define a death that results from the operation of a motor vehicle as felony or misdemeanor motor vehicle homicide.  Vehicular homicide can be charged as a misdemeanor if gross negligence was the cause.  An example would be if a driver were going over the speed limit by only a few miles, which resulted in an accidental death.  If the driver were convicted of driving under the influence, which resulted in a fatality, this would be considered a felony.

Fines and Penalties

The maximum sentence for a conviction of felony motor vehicle homicide is imprisonment for 2 to 15 years and a fine of up to $5,000.  There is a mandatory jail term of one year.  The maximum sentence for misdemeanor motor vehicle homicide is imprisonment for 30 days to 2.5 years or a fine of up to $3,000 or both. 

Traffic Points and Impact on Driving Record / License

When a defendant is convicted of motor vehicle homicide, their driver’s license is revoked for a period of ten years, and upon a subsequent conviction, it is revoked for life.

Hiring a Lawyer

Impairment due to alcohol or other drugs may be used as a partial defense.  This occurs if the defendant is charged with murder or voluntary manslaughter and his or her impairment level is so high that it affects their intent to kill.  When this is the case, murder and voluntary manslaughter may be mitigated to a lesser crime, such as involuntary manslaughter or criminally negligent homicide.  Vehicular homicide cases can be extremely technical with respect to both the facts and the law.  Therefore, it is important to have an attorney who will defend you vigorously against any motor vehicle criminal charge.