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Vehicular Manslaughter Questions

What is vehicular manslaughter?

Vehicular manslaughter is a charge that could be used to help prosecute an individual who has killed another person with a vehicle because of their careless and/or illegal driving. In some cases, other charges such as murder may also be applicable depending on the situation. Prosecutors can view vehicular manslaughter either as a felony or as a misdemeanor once they study the whole case and the laws that pertain to it. Given below are a few questions on vehicular manslaughter answered by the Experts.

What is the penalty for vehicular manslaughter?

The legal penalty for vehicular manslaughter will all depend on the situation and the state. In many states, when an individual is driving drunk or under the influence of drugs, the individual will be facing a more sever charge then if they failed to use the proper lane when changing lanes. In the state of Georgia, if an individual is charged with vehicular manslaughter because they were under the influence of alcohol then they may be charged with a felony and up to 15 years in prison, whereas a driver who was convicted because of a moving traffic violation, this would be second degree vehicular manslaughter can will be facing a maximum of one year in county jail.

In the State of California if an individual was charged for vehicular manslaughter and has completed their probation requirements, can they get this charge off their record so they can have their gun rights restored?

In this case, the individual would need to petition the court at which they were convicted. This process is believed to be quite complex and many believe that it is wise to accept assistance from a legal professional in this matter. In order to find a lawyer to assist you in this case you will need to contact the State Bar of California Lawyer Referral Service. Another option that may be available to you would be to apply for a pardon. The State of California allows between two and three pardons every year.

In the State of Pennsylvania if someone has a misdemeanor for vehicular manslaughter can this individual still have a gun permit?

The only type of misdemeanor that would make an individual lose their Second Amendment rights would be if they were charged with domestic violence. With that being said, felonies can also affect an individual’s rights. However, if the individual only has a misdemeanor on their record, this should not affect them owning a firearm.

An individual is being charged with vehicular manslaughter in which a pedestrian was hit after he walked out in the middle of the road under the influence of alcohol. The law enforcement officer believes it was the pedestrian’s fault. However, the District Attorney’s Office is planning to prosecute anyway. Is there anything the individual can do to fight this?

The District Attorney’s Office has the right to make judgments in each case and decide which ones to file and which ones not to. Although the law enforcement officer has the right to make a recommendation, the District Attorney’s Office does not have to agree with the recommendation nor follow through with it. Since the District Attorney’s Office is normally elected, very often, politics influence decision making in these types of cases. This can make the District Attorney do what they think is politically appropriate. If the officer believes the driver is not at fault, the individual may still have a strong chance at fighting the case with the help of a good criminal defense attorney.

Vehicular manslaughter is a very serious crime that has equally serious consequences. If you or someone you know is being charged with vehicular manslaughter, you need to understand what the law says in these cases. For more information on vehicular manslaughter, get in touch with an Expert who can answer your questions and help you tackle your case in a quick and efficient manner.
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Recent Vehicular Manslaughter Questions

  • Looking for custody advice in the state of maine .i have two

    Looking for custody advice in the state of maine .i have two children whose mother was recently released from incarceration for vehicular manslaughter.in the current agreement, I have sole decision maki rights. Just wondering what my options are moving forward if she decides to go after joint custody
  • RA-mab

    Hello, you advised me in a matter of a van accident with one fatality 669 days ago -- can you still retrieve that exchange and would you be able to help me further? One of the possible outcomes you had invisioned has materialized -- I have been charged with vehicular manslaughter. I have had 2 court appearances and have a third one come up next Monday, 10/22.
    Best regards
  • After leaving a family function(baby shower)My family member(passenger

    After leaving a family function(baby shower)My family member(passenger 21) driving in the car with her boyfriend (driver 20) hit a pedestrian that they didn't see crossing the street, not in the cross walk. pedestrian hit the hood, windshield and flew over the car.. They stopped for a minute, looked back, got scared and drove straight home. The man died in the hospital, that night. it has been three days and the boyfriend got an attorney and will now turn himself in tomorrow(day4). What type of charges is the passenger looking at if any, and should we prepare as well to get an attorney since she did not come forward as well. I am having her stay separate from her boyfriends case for now. the report made the news and they have a description of the vehicle and driver for now
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