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Vehicular Assault or Homicide Archives

Vicarious criminal liability in car accidents

You may hear reports of car accidents in Brooklyn caused by unlicensed drivers that often solicit a chuckle or two. Yet such situations are no laughing matter, particularly if your car was involved. People have come to us here at the office of Neil. S Ruskin in similar scenarios asking if there is any why they could be held criminally responsible.  The doctrine of negligent entrustment allows car accident victims to hold you liable of you entrusted your vehicle to an irresponsible driver. This principle, however, applies only to civil cases. You may not be totally off the hook just yet, though.

Drowsiness as a defense for vehicular manslaughter

The term “vehicular manslaughter” may cause you as well as other Brooklyn residents to conjure up images of drivers recklessly using their vehicles as veritable weapons. Yet as many of those that we here at the office of Neil S. Ruskin have defended from such charges can attest to, any number of factors can lead to one being accused of such a crime. For example, say that you inadvertently fall asleep behind the wheel and you end up causing an accident that kills another. Could your conduct warrant being charged with vehicular manslaughter?

Handling vehicular assault charges

If you have been charged with vehicular assault, you may be facing all sorts of problems. For starters, you could be extremely overwhelmed and unsure of which steps you should take next. Brooklyn defense attorney Neil S. Ruskin understands the whirlwind of stress and uncertainty that people in this position frequently go through across New York. When these allegations arise, the outcome of the case can have a significant impact on those facing charges and the proper course of action must be identified at once.

Times Square driver may have mental health problems

New York residents who read or hear about criminal arrests may need to be reminded at times that every defendant is given the chance to defend themselves against the charges levied against them. This way, if they are ever arrested themselves, they may take some assurance that they too will be given this right. It can be hard to focus on this when media reports may appear to position things in a way that all but seems to convict someone immediately after being arrested.

Times Square driver charged

News of the driver crashing into pedestrians in New York's Time Square swept the nation. The driver who, according to CNN, killed one and injured 20 others, was charged with aggravated vehicular homicide, as well as attempted murder in the second degree, and 20 counts of attempted murder. The driver, who said he smoked marijuana laced with PCP prior to the crash, purposely drove his car through the popular and crowded tourist destination. A traffic agent stated that the driver said, "I wanted to kill them all," after being seen fleeing the vehicle.

Is the state liable for roadways that are unsafe for pedestrians?

New York is a very busy city with a lot of traffic, both vehicle and pedestrian. This can lead to many accidents involving those on foot. You have probably been in a situation where it is difficult to cross the roadway due to speeding traffic. In a case like this, it is highly likely that you could get injured. If you do get injured, can you hold the city accountable?

Vehicular homicide and sober drivers

When a death occurs in a car accident due to a drunk driver, New York law is fairly clear about how the at-fault driver is to be punished. However, when the driver is sober, it seems to be far harder to decide what to do. According to The New York Times, the state usually requires that a person breaks two laws in order to be found negligent in a traffic crime. The New York Court of Appeals added a new stipulation that must be considered, called moral blame.

Can a spiked drink absolve you of criminal actions?

The answer is, it depends. This issue was brought front and center by an interesting case in which the suspect claims her drink was spiked which lead to a crime spree that ended in homicide (i.e. the death of another person). Usually, you need to intend to do something for it to be a crime. The law interprets intent very loosely and implies intent in many situations. For example, if you were drunk (voluntarily) and hit and kill someone. The law presumes intent because you chose to drink, which triggered the series of actions which resulted in someone?s death. This post will go over this case and the limits of her defense.

Things to know when you're charged with involuntary manslaughter

Criminal negligence or recklessness can sometimes result in an unintended death. This is termed as involuntary manslaughter. It also includes instances when someone, while committing an unlawful act such as a low-level felony, ends up unintentionally killing another person due to his actions.

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