Manslaughter is a less serious version of murder, the difference being
the intent to kill. Most cases that involve someone being killed by a
person operating a motorized vehicle are considered manslaughter
because there is generally not intent to kill. Vehicular manslaughter
is also known as murder by vehicle or vehicular homicide. It falls
under the category of involuntary manslaughter when there is no statute
for vehicular manslaughter. Alaska, Montana and Arizona are the only
states without vehicular manslaughter statutes.
Vehicular manslaughter is the charge that is laid whenever death occurs
as a result of another person negligently operating a motorized
vehicle. There is no separate section in the penal code for vehicular
manslaughter. It falls under the section that deals with negligent
homicide.
One of the most famous cases of vehicular manslaughter involved NHL
hockey player Dany Heatley. In 2003 Heatley's Ferrari 360 Modena struck
a wall and was split in half, killing his passenger and teammate Dan
Snyder. Heatley admitted he was driving excessively fast and weaving in
and out of lanes. He had also been drinking before the accident but his
blood alcohol content was below the legal limit. Heatley plead guilty
to 2nd degree vehicular homicide and was sentenced to three years
probation.
Is it the same as vehicular homicide
or murder?
Homicide occurs when a person kills another person. This is in contrast
to suicide, when a person kills them self. Therefore vehicular
manslaughter is a version of vehicular homicide. For a murder to have
taken place there needs to be proof of intent.
If someone is purposely run down by another person driving a car then a
murder has occurred. The vehicle would then fall under the same
definition as a gun or any other instrument used to end someone's life.
In the eyes of the law, a vehicle is a potentially deadly weapon.
What is intent?
This is where things with vehicular manslaughter become a little
blurred. Proving a case of vehicular manslaughter to be involuntary has
been a cause of controversy. Many argue that by getting behind the
wheel while drunk or driving recklessly you are voluntarily putting the
lives of those around you in danger. It is well known that driving
negligently can cause death therefore it is difficult to say whether or
not there is intent. This logic has driven prosecutors to begin pushing
for murder chargers in many vehicular manslaughter cases.
Do you have to be driving while under
the influence?
Most cases of vehicular manslaughter involve driving while under the
influence of alcohol; however vehicular manslaughter is not only used
in these cases. It is also applied when a death is caused by speeding,
reckless driving or any other negligent operation of a motorized
vehicle.
How long is the sentence?
The sentence for vehicular manslaughter can range from a fine to
probation to a year in prison. If it is upgraded to a felony charge it
can then carry a sentence of 15 to 20-years in prison. To date no
individual has been given the death penalty for vehicular homicide
though a prosecutor in North Carolina did ask for it in a recent case.