QUESTION
How can a driver be charged with involuntary manslaughter?
Asked on Aug 22nd, 2012 on Criminal Law - Nebraska
More details to this question:
My son was a passenger in a car going north when a southbound pickup crossed the centerline hitting the car my son was on. It hit them head on killing my son. They did not report if the driver was under the influence of anything. Is it true he can only be charged with a CNI?
16 ANSWERS
Michael J. Breczinski
In voluntary manslaughter means that the person did something grossly negligent and it caused a death, It carries 15 years in Michigan the same as OUIL causing death.
Answered on Aug 27th, 2012 at 3:15 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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He can be charged with whatever the prosecutor chooses, based upon what he thinks he can prove and win. Cooperate with whatever they do. Your real concern should be whether to take legal action for the wrongful death of your son. You have my sincere sympathy for your loss.
Answered on Aug 23rd, 2012 at 8:20 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I would say he could be charged with vehicular manslaughter at the least, possibly murder depending on the evidence.
Answered on Aug 23rd, 2012 at 8:18 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Sorry to hear of your loss. Sounds like driver should be charged with 2nd degree murder or vehicular manslaughter.
Answered on Aug 23rd, 2012 at 8:17 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If it was a Negligent Homicide, then the state could pursue an Involuntary Manslaughter charge.
Answered on Aug 23rd, 2012 at 8:16 PM
Contact an attorney re your son's death. You can sue driver and his insurance company as well as the driver (northbound car) and insurance company.
Answered on Aug 23rd, 2012 at 8:16 PM
He can be charged with the the police investigation determines. The police issue an arrest warrant to the prosecutors office and the prosecutors office determines what charges are authorized. I'd stay in contact with your local law enforcement to see what the individual will be arrested for and charged with.
Answered on Aug 23rd, 2012 at 8:15 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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So sorry for your loss. There is not only the criminal case but also the civil lawsuit.
Answered on Aug 23rd, 2012 at 8:14 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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The charge should be reckless driving death resulting.
Answered on Aug 23rd, 2012 at 8:14 PM
Leonard A. Kaanta
Yes, he can be charged with involuntary manslaughter.
Answered on Aug 23rd, 2012 at 8:13 PM
Utah law no longer maintains distinctions between voluntary and involuntary manslaughter. If simple negligence was involved, the driver could be charged with Negligent Homicide, a class A misdemeanor. Or, if he was driving recklessly, he could be charged with Manslaughter, a 3rd degree felony.
Answered on Aug 23rd, 2012 at 8:13 PM
A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person. A person is criminally negligent when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a *gross deviation* from the standard of care which a reasonable person would exercise in the situation. The decision to charge the crime is up to the prosecutor.
Answered on Aug 23rd, 2012 at 8:13 PM
In most instances in Georgia with the facts as you relate them, if the driver is under the influence at the time of the incident, he will be charged with Homicide by Vehicle in the First Degree. You may also have a cause of action against the driver and others for the wrongful death of your son.
Answered on Aug 23rd, 2012 at 8:12 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
The only other thing they could potentially charge would be motor vehicle homicide depending on the facts. In Nebraska, manslaughter is a class III felony regardless of whether it is considered voluntary or involuntary. On the facts you describe, involuntary would be correct, as there was no malice involved. These are all terrible situations for everyone involved. I am sincerely sorry for your loss.
Answered on Aug 22nd, 2012 at 1:02 PM
I'm sure the investigation included whether there was drugs involved. An attorney would be able to obtain this information for you. If drugs and alcohol were involved, its possible to be charged with something more serious. If not, involuntary manslaughter is typical. Also, you may want to consider a wrongful death suit against the driver for your son's death, that would be a civil case.
Answered on Aug 22nd, 2012 at 1:02 PM
It depends on the driver's record. If the driver has a previously DUI, then he can be charged with murder.
Answered on Aug 22nd, 2012 at 1:02 PM