Vehicular Manslaughter in the Second Degree

What the prosecutor must prove

• The accused committed criminally negligent homicide.
• The accused was operating a motor vehicle (or vessel, snowmobile, etc.) in violation of VTL 1192(2), (2-a), (3), (4) or (4-a).
• As a result of the intoxication or impairment, the accused operated in a manner that caused the death.

Defenses that commonly apply

• Challenging breath or blood test accuracy and the legality of the stop or blood draw.
• Showing the impairment did not cause the crash.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.