Vehicular manslaughter is the result of a conscious and reckless disregard for the safety of others
Vehicular manslaughter can be prosecuted either as voluntary or involuntary manslaughter.
Vehicular Manslaughter
In cases involving vehicular manslaughter, the cause is frequently due to driver impairment caused by drug and alcohol ingestion.
When the reckless state of mind is supported by facts demonstrating a total and conscious indifference to the risk to others, the prosecutor can charge the defendant with voluntary manslaughter. In some jurisdictions, this is called murder in the third degree.
Example of Voluntary Manslaughter:
A three-time DUI offender (with two prior accidents) was drinking at his favorite bar. He was on his eighth beer in just two hours. As he drank each beer, he knew he was becoming increasingly impaired and was aware of the escalating risk to others he was creating should he drive his vehicle home.
Despite this knowledge, he continues to drink and insists on driving home. Consequently, he gets into a car collision and kills the other driver.
In the above example, the prosecutor will likely file voluntary manslaughter charges against the impaired driver because of the defendant’s three prior DUI convictions with a history of previous DUI- related accidents.
Under some jurisdictions, if convicted, the defendant can be sentenced to 10-15 years in state prison.
