WICHITA, Kan., Oct. 21, 2024 /PRNewswire/ -- Some driving mistakes are costlier than others, especially when they become fatal. While unintentional, vehicular homicide is considered a criminal offense and carries serious penalties, ranging from fines and restitution to license suspension and jail time. Our violent crimes lawyers in Wichita, Kansas, at the McConnell Law Firm, have years of experience defending clients charged with vehicular homicide and are detailing how such a conviction could impact your life. Keep reading to learn more!
What Is Vehicular Homicide?
According to Kansas Statute, vehicular homicide is defined as "the killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to person…" While the act is often unintentional, it involves some level of recklessness, negligence, or impaired driving and is recognized in many jurisdictions across the United States. Vehicular homicide usually occurs in cases of:
Contributing Factors and Types
Vehicular homicide can be classified into several categories based on the driver's level of negligence, recklessness, or impairment. In some cases, a driver may be guilty of simple negligence—failing to exercise the care that a reasonable person would take under similar circumstances—while in others, they may display blatant disregard for safety, such as driving recklessly or under the influence of drugs or alcohol. Understanding the distinction between these types of vehicular homicide is important, as penalties can vary depending on the driver's actions and intent.
Negligent Vehicular Homicide
This occurs when a driver causes a death due to careless or inattentive behavior but without criminal intent or gross negligence. This type of homicide generally involves minor infractions, such as failing to yield at a stop sign, ignoring basic traffic rules, or momentarily being distracted. For example, if a driver is adjusting their car's radio and unintentionally strikes a pedestrian, it could be considered negligent vehicular homicide.
Reckless Vehicular Homicide
In reckless vehicular homicide, the driver's behavior goes beyond simple negligence. Reckless driving, such as drag racing, speeding through crowded streets, or evading law enforcement, falls under this category. In this case, the driver's actions exhibit a willful disregard for the safety of others, even if they didn't intend to harm anyone.
Involuntary Manslaughter
When a driver causes a death while under the influence of drugs or alcohol, the charges are often more severe. Most states have specific statutes for DUI-related involuntary manslaughter charges, and they tend to carry heavier penalties due to the impaired state of the driver.
Understanding the Legal Penalties
In Kansas, vehicular homicide is generally treated as a class A misdemeanor. However, the specific penalties can vary depending on factors such as the driver's behavior, state laws, and whether substances like drugs or alcohol were involved. In some cases, the presence of aggravating factors, such as multiple deaths, a hit-and-run situation, or a history of reckless driving, can also elevate the charges and penalties for vehicular homicide.
Prison Time
Kansas law classifies standard vehicular homicide as a misdemeanor, punishable by up to 12 months in jail. If drugs or alcohol are involved, the charge becomes more severe, increasing to a Level 4 felony, which carries a potential prison sentence ranging from 31 months to 136 months.
Fines:
While Kansas law doesn't mandate specific fine amounts for vehicular homicide, those convicted of more severe charges, such as DUI-related vehicular homicide, may face significant financial penalties, especially in cases where restitution to the victim's family is ordered.
License Suspension or Revocation:
A conviction for vehicular homicide or related felonies like involuntary manslaughter often leads to the revocation or suspension of the driver's license. This can vary in duration based on the severity of the offense, particularly if alcohol is involved.
Probation or Community Service:
In less severe cases, or when mitigating factors are present, a judge may impose probation or community service in combination with other penalties, such as jail time.
Restitution:
Kansas courts often require offenders to pay restitution to the victim's family. This compensation is designed to cover medical bills, funeral costs, and other damages resulting from the accident.
Have You Been Accused?
If you are facing vehicular homicide charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a violent crimes lawyer in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
Request a Free Consultation
Do you or a loved one need the assistance of an experienced violent crimes lawyer in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.
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