1. Vehicular Manslaughter Second Degree-Penal Law §125.12
2. Penalties For Manslaughter Second Degree
3. Vehicular Manslaughter First Degree-Penal Law §125.13
4. Penalties For Manslaughter First Degree
5. Aggravated Vehicular Homicide-Penal Law §125.14
6. Penalties For Aggravated Vehicular Homicide

You can be found guilty of vehicular manslaughter in the second degree in New York if:

• you cause the death of another person as a result of operating a motor vehicle or vessel while intoxicated by alcohol or impaired by drugs or drugs and alcohol combined; or
• You cause the death of another person as a result of operating a motor vehicle with a gross motor vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives while your ability to operate that vehicle is impaired by alcohol; or
• You cause the death of another person as a result of operating a snowmobile or an all-terrain vehicle while intoxicated by alcohol or impaired by drugs or drugs and alcohol combined.

*Includes crime victim assistance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law S60.27

You can be found guilty of vehicular manslaughter in the first degree in New York if:

• You commit vehicular manslaughter in the second degree while operating a motor vehicle with a blood alcohol content of .18 of one per centum or more [A-DWI]; or
• You commit vehicular manslaughter in the second degree while operating a motor vehicle with a driver's license that was suspended or revoked because of a prior driving under the influence of alcohol or drugs conviction or refusal to take a chemical test conviction; or
• You have been convicted if you commit vehicular manslaughter in the second degree after having been convicted of driving under the influence of alcohol or drugs within the last ten years; or
• You commit vehicular manslaughter in the second degree causing death of more than one other person; or
• You commit vehicular manslaughter in the second degree having been previously been convicted of vehicular assault in the second degree, vehicular manslaughter or aggravated vehicular homicide.

*Includes crime victim assistance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law S60.27

You can be found guilty of aggravated vehicular homicide in New York if you commit vehicular manslaughter in the second degree while driving a motor vehicle in a manner which unreasonably interferes with the free and proper use of the public highway or unreasonably endangers users of the of the public highway and you:

• were operating a motor vehicle with a blood alcohol content of .18 percent or greater [A-DWI] ; or
• were operating a motor vehicle with a driver's license that was suspended or revoked because of a prior driving under the influence of alcohol or drugs conviction or refusal to take a chemical test; or
• were convicted of a driving under the influence of alcohol or drugs with the past 10 years; or
• caused the death of one person and the serious physical injury of at least one other person; or
• were previously convicted of vehicular assault in the second degree, vehicular manslaughter or aggravated vehicular homicide.

*Includes crime victim assitance fee. There is no surcharge if restitution or reparation is made to the victim pursuant to Penal Law S60.27

WARNING: Traffic offenses committed in a CMV in connection with a fatal traffic accident is considered a serious traffic violation. If you have a commercial driver's license it will be suspended for at least 60 days if you commit two serious traffic violations within three years and at least 120 days if you commit three serious traffic violations within three years.

Please call me toll free at 1-877-858-2889 if you have been charged with vehicular manslaughter or aggravated vehicular homicide in New York. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.