Generally, homicide is defined as the deliberate and unlawful killing of one individual by another individual. This includes both intentional killings, for example, first-degree murder, and unintentional killing, such as voluntary manslaughter.
Vehicular homicide is a category of homicide crime that results in the death of another individual. This type of homicide, however, involves the use of a motor vehicle as a weapon, instead of a gun or knife.
Depending on the laws of the state and facts surrounding the case, a defendant who is charged with vehicular homicide may be tried in a court of law for:
- Murder;
- Voluntary manslaughter;
- Involuntary manslaughter; and
- Criminally negligent homicide.
What is Vehicular Manslaughter?
According to the National Highway Traffic Safety Administration (NHTSA), almost 40,000 individuals are killed on American roads and highways each year. While some collisions are genuine accidents, many of them are caused by individuals who are illegally operating their vehicles.
When this happens, and someone dies as a result, the individual who was illegally operating their vehicle may be charged with vehicular manslaughter. Each state classifies and defines criminal charges differently.
As a result, there may be a wide range of conduct that qualifies for a vehicular manslaughter designation.
Is Vehicular Manslaughter the Same as Vehicular Homicide?
Similar to many types of legal questions, the answer to this question is, it depends, which may be confusing. In many jurisdictions, there are statutes that separate vehicular manslaughter from vehicle homicide based on the element of criminal intent.
In order to prove homicide, the prosecution, or state, must show premeditation and intent. However, manslaughter only requires the prosecution to show negligent or reckless behavior on the part of the defendant.
There are also many states that may combine the two offenses under the same category, often called vehicular homicide, despite the many distinctions. The states that use this approach often use a degree system, with the more severe charges being higher degrees with coordinating stricter possible punishments.
All states except for Alaska, Arizona, and Montana have statutes that explicitly address deaths that were caused while operating a vehicle. A defendant may instead be charged with homicide or murder, whichever language the state uses, or manslaughter.
A vehicular manslaughter charge may also be a negligent homicide charge in certain instances.
Can I be Charged with Vehicular Homicide if I was too Drunk to Know What I was Doing?
There are several defenses that may be available to a defendant who is charged with vehicular homicide. One such defense may be impairment due to alcohol or other drugs.
In other words, if the defendant had not been under the influence of an illegal substance or substances while operating their vehicle, then it may not have led to the death of another human being. This, however, is never a complete defense to a vehicular homicide charge, as it is only a partial defense.
For example, if the defendant was too drunk to have the intent to kill, then they may be charged with a lesser crime, for example, involuntary manslaughter. It is rare that this defense will apply because it is often the case that the impaired driver’s conduct leading up to the homicide is so reprehensible that, under the law, their conduct implies an intent to kill.
What is the Punishment for Vehicular Homicide?
As with any other category of homicide, there are usually severe consequences for a defendant who is convicted of vehicular homicide. This includes the following punishments:
- A prison sentence, typically served out in a state prison;
- Loss of the right to possess deadly weapons, for example, convicted felons cannot purchase or possess guns;
- A period of probation or parole;
- Loss of occupational licensing;
- Significant fines;
- Loss of the right to vote in elections; and
- A criminal history on the defendant’s permanent record, which can remain there for life.
What if a Member of My Family was the Victim of a Vehicular Homicide?
If an individual is a family member of a victim of vehicular homicide, they should contact law enforcement. If sufficient evidence is found, law enforcement will forward the case to the local District Attorney’s office.
The local district attorney assigned to the case will then review the evidence. If they find there is enough evidence to make a case, the district attorney will prosecute the individual who committed the crime against the individual’s family member.
In the alternative, if an individual is interested in bringing a civil lawsuit against the individual who is responsible for the death of their family member and wishes to receive damages for their death, then the individual should contact an experienced DWI lawyer as soon as possible.
What is Vehicular Homicide in Washington State?
As noted above, homicide is the killing of another human being. Whether a homicide is classified as first degree murder, second degree murder, or manslaughter depends on the circumstances of the incident.
One category of homicide in Washington State is vehicular homicide.
How is Vehicular Homicide Defined in Washington State?
In Washington State, vehicular homicide is defined as the death of an individual within 3 years of an injury that was caused by a motor vehicle accident.
Can I be Charged with Vehicular Homicide if I’m Accused of Injuring Someone While Driving under the Influence?
Yes, the laws in Washington State include driving under the influence, or DUI, as the cause of an individual’s death. DUI vehicular homicide is commonly known as the unintentional or intentional killing of a human being with a motor vehicle rather than another type of weapon, for example, a gun.
I was not Drunk at the Time of My Accident, Why was I Charged with Vehicular Homicide?
In Washington State, an individual may be charged with vehicular homicide in two other situations. If they were driving in a reckless manner and that was the cause of a victim’s injuries, they may be charged with vehicular homicide.
Driving in a reckless manner includes speeding or operating a motor vehicle without thinking about the safety of other individuals. An individual may also be charged with vehicular homicide if they operated their motor vehicle with disregard for the safety of pedestrians and other drivers.
This means that the vehicle operator was driving in a way that could cause injury to an individual. In both situations, if an individual dies as a result of the defendant’s actions, they may face vehicular homicide charges.
What is the Punishment for Vehicular Homicide in Washington State?
In the State of Washington, vehicular homicide is classified as a class A felony. The punishment for vehicular homicide includes:
- Up to life in prison;
- Criminal fines of up to $50,000; or
- A combination of the two.
If the defendant has a previous offense or offenses, they may receive up to two additional years in prison. The additional years are for each prior vehicular homicide offense.
Do I Need the Help of a Lawyer?
If you are facing vehicular homicide charges in Washington State, it is important to consult a Washington criminal lawyer as soon as possible. Your lawyer can advise you of the state laws, determine whether any defenses are available in your case, and represent you in court.
