Category Archives: Manslaughter

Is Vehicular Manslaughter Involuntary or Voluntary?

vehicular manslaughter

Killing a person with a vehicle could be a vehicular manslaughter in Nevada. And many believe that because the crime has the word manslaughter on it, it means that it can be either an involuntary or voluntary Nevada manslaughter with many leaning towards involuntary as it holds milder penalties. However, this is not exactly the case. Vehicular manslaughter in Nevada is set apart from these types of manslaughter and it is definitely different from a vehicular homicide. Here is a post that should help you understand better.

 

Is there a difference between vehicular homicide and vehicular manslaughter?

Yes. Vehicular homicide, according to Nevada Revised Statutes (NRS) section 484C.130, is committed when the person driving or in actual physical control of a vehicle is:

  • under the influence of liquor which is proven by a 0.08 blood and breath concentration level
  • under the influence of controlled substances
  • already convicted of at least three related offenses
  • the cause of death another person on or off the highways of Nevada

 

Basically, a vehicular homicide is what happens when there are aggravating factors to a vehicular manslaughter in Nevada which is the killing of a person caused by a vehicle collision or something similar.

 

Is vehicular manslaughter in Nevada an involuntary manslaughter?

As stated in NRS 200.040, vehicular manslaughter is not included in either an involuntary or voluntary Nevada manslaughter.

 

This means a defendant could not argue that the vehicular manslaughter was accidental or for this matter, voluntary. Vehicular manslaughter in Nevada is simply the murder of a person caused by negligence. A misdemeanor charge should be imposed on you if found guilty of vehicular manslaughter and this indicates up to six months in jail, fines of $1,000, and a license revocation of at least a year.

 

Typically, deaths caused by vehicles are accidents but they are still the result of a negligent action which is enough to make it a punishable offense. Defend yourself from the consequences of vehicular manslaughter or any type of manslaughter in Nevada with the assistance of a Las Vegas criminal defense attorney!

DUI Cases and Involuntary Manslaughter

dont drink and driveInvoluntary manslaughter is the killing of a human being without the intent to do so. However, it is only one step down from murder. A lesser offense may be charged to the person who is proven to unintentionally kill someone. Involuntary manslaughter involves in situations that have no premeditated intentions but they can be caused by recklessness or criminal negligence resulting in someone’s death. On the other hand, involuntary manslaughter does not include vehicular manslaughter and this falls on a different situation.

If someone has committed involuntary manslaughter or homicide, in a vehicular accident, while driving under the influence of drug or alcohol – is defined as a felony. This circumstance occurs if the death is due to gross negligence. In order to convict the defendant of a DUI manslaughter, the prosecution must prove that aside from being impaired due to intoxication, the DUI defendant also violated some other rules of the road. The prosecution also needs to show that the cause of the involuntary manslaughter was due to traffic violations and not because of the defendant’s impairment alone.


The Punishment for DUI Involuntary Manslaughter

In Nevada, those who are convicted with Vehicular manslaughter or DUI-death, have to spend not less than 2 years or more than 20 years in jail. In addition, the convicted should fine not less than $2,000 or more than $5,000. The number of years and fines depend on the added violations and charges against the defendant.

Place of Trial

The trial for DUI manslaughter takes place on the same state where the crime occurred.

Seek Help from a DUI Lawyer

An experienced and dedicated drunk driving defense lawyer, can do everything possible to give the defendant the best legal results. DUI  Lawyer Ross Goodman provides assistance on the defendant’s side and defend them by looking at the facts according to the statements and the evidence available.

Aside from DUI, Atty. Ross Goodman is also capable of defending clients with other criminal charges such as, Domestic Violence, drug charges, sex offenses, theft crimes, traffic violations and casino markers.

For  free consultation, call Goodman Law Group at number (702) 383-5088