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?
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.
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.
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.
Reform. Rehabilitation. Reprimand. When you behave criminally and are convicted, you are held accountable by the justice system, and you pay your dues. At least that is the general idea. But what happens when the true criminal activity is not that which is committed by the convicted, it is instead what is done to the convicted during the punishment phase?
Sometimes accidents happen and lives are lost. No matter how senseless the suffering seems to be and how angry family and friends may be at the suffering brought about by the accident, sometimes there just isn't anyone to blame. Sometimes deaths happen and they are unpreventable and entirely caused by unpredictable circumstances.
Vehicular assault charges are extremely serious and can result in significant penalties and jail time. However, not all individuals responsible for these accidents are criminals. When prosecutors use terms like reckless and negligent to describe those who are responsible, it paints an inaccurate picture of an individual's character. While this tactic may work on some, for individuals that have a strong, experienced defense attorney by their side, it won't.
Although most states consider a DUI or DWI a misdemeanor, there are certain circumstances that can increase that charge to a felony. While not every state agrees on what constitutes a felony DUI charge, most states agree that a drunk driving charge is severe enough to be considered a felony and typically does carry steeper fines and penalties.
Facing a DUI charge is scary enough, but if you have caused an accident that has led to the injury or death of another, you may be facing vehicular homicide charges, which are even more terrifying. These charges can carry serious and life-altering consequences, including heavy fines and penalties and even imprisonment. It is important for individuals facing these charges to look to an experienced criminal defense attorney and receive the effective representation they require and deserve.
When an individual acts in a reckless or negligent manner such as when driving drunk and unintentionally kills another person, they are believed to be criminally negligent. When an individual is found to be criminally negligent through an unlawful act like DUI, resulting in the death of another, they may be charged with criminally negligent homicide, also known as involuntary manslaughter.