Vehicular Manslaughter vs. Vehicular Homicide

Vehicular manslaughter and vehicular homicide are serious criminal offenses in Nevada. Both offenses involve fatalities caused by someone operating a motor vehicle. However, that’s where the similarities end, as vehicular manslaughter and vehicular homicide differ in key ways, such as the alleged offender’s intent, the circumstances surrounding the crash, and the severity of the potential penalties.

In general, the primary distinction between these offenses is whether the alleged offender was under the influence of alcohol or drugs at the time of the accident.

If you’re facing either of these charges in Nevada, an experienced Las Vegas criminal defense attorney can help you build a robust defense that challenges the prosecution’s evidence.

Manslaughter Laws in Nevada

 

Manslaughter (NRS § 200.040) is a felonious crime in Nevada that is punishable with prison time. The term defines the killing of another without intent or malice, meaning someone killed another person by accident or without premeditation of the crime. Often, manslaughter charges result from heated disagreements or slayings committed out of passion.

Manslaughter can be voluntary or involuntary. Unintentional death resulting from recklessness or negligence falls into the category of involuntary manslaughter (NRS § 200.070). Involuntary manslaughter, a Category D felony, can be punishable by up to four years in prison and fines of up to $5,000.

Voluntary manslaughter (NRS § 200.050) occurs when a person kills someone else because they were provoked. This is different from homicide because a “crime of passion” does not include a premeditated action by the offender. While you would think that vehicular manslaughter falls under this category, it gets its own definition in Nevada law.

What Is Vehicular Manslaughter in Nevada?

In NRS 484B.657, Nevada defines vehicular manslaughter as an event in which a driver’s negligent acts or omissions while in control of a motor vehicle cause the death of another person. A negligent act or omission could include:

  • Running a stop sign
  • Failing to yield the right-of-way to oncoming traffic
  • Changing lanes without signaling
  • Texting while driving

In cases of vehicular manslaughter, the offender did something that put others around them at risk of harm and resulted in an unintended fatality. Most cases of vehicular manslaughter result from actions or omissions that would be minor traffic violations had they not resulted in a death. However, this illustrates how dangerous these traffic violations can be and why the state takes them seriously.

Punishments and Sentencing for Vehicular Manslaughter in Nevada

Vehicular manslaughter is a misdemeanor crime in Nevada. The exact punishment for this crime varies from case to case but generally can result in:

  • Up to six months in a state prison
  • Fines up to $1,000
  • Temporary license suspension
  • Mandatory installation of an ignition interlock device for up to three years when driving privileges are reinstated

Other factors can influence the sentencing in a vehicular manslaughter case. If a defendant was transporting a minor under the age of 15 at the time of the incident, it may result in a longer prison sentence or steeper fines. A defendant’s prior DUI convictions also influence charges.

What Is Vehicular Homicide in Nevada?

Vehicular homicide is a more serious charge, which Nevada identifies in NRS 484C.130 as when a driver meets the following three criteria:

  • The driver was in physical control of the vehicle at the time of the incident and was under the influence of alcohol or a controlled substance or had a blood alcohol concentration (BAC) of 0.08 percent within two hours of the incident.
  • The driver’s actions were the primary cause of the fatality.
  • The driver has at least three prior DUI convictions.

Based on the state’s definition of the offense, vehicular homicide punishes drivers with multiple DUI offenses who cause the death of another person while driving under the influence.

Punishments and Sentencing for Vehicular Homicide in Nevada

Vehicular homicide is a Category A felony in Nevada, which can result in 25 years to life in state prison. Parole may be possible after 10 years, but a person’s license can be suspended or revoked up to three years after their release.

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How Do Vehicular Manslaughter and Vehicular Homicide Differ?

The primary difference between vehicular manslaughter and vehicular homicide is the presence of alcohol or another intoxicating substance and a pattern of disregard for the safety of other drivers and pedestrians. Nevada doesn’t consider DUI to be an act of simple negligence since everyone knows how dangerous it is.

Vehicular manslaughter involves a death resulting from negligence without intoxication and a pattern of DUI. The driver may have violated traffic laws and behaved carelessly, but they weren’t under the influence of drugs or alcohol at the time of the accident.

Vehicular homicide involves a death resulting from a driver committing a DUI offense when they have a history of DUI offenses. This charge aims to punish repeat offenders whom the state believes have shown a pattern of disregard for the lives of their fellow Nevadans.

Defenses Against Vehicular Manslaughter Charges

While vehicular manslaughter is a serious offense, your attorney can fight back against the charges by claiming that you didn’t act negligently leading up to the accident or that your negligence wasn’t the proximate cause of the fatality. To do this, they’ll use various types of evidence, including:

  • Traffic, surveillance, or dashcam footage that shows the accident or the events leading up to or directly after the collision
  • Testimony from witnesses at the scene of the crash
  • Testimony from a crash reconstruction specialist
  • Phone records showing that you weren’t talking on the phone or texting while driving

Defenses Against Vehicular Homicide Charges

To fight back against charges of vehicular homicide, your attorney must do more than prove you didn’t act negligently. They must either prove that you don’t have at least three prior DUI convictions or that you weren’t under the influence of an intoxicating substance at the time of the accident. Some ways they can do this are by:

  • Proving the police incorrectly administered your field sobriety tests
  • Disputing the conclusions the police and prosecutors came to based on your field sobriety test results
  • Protesting the chemical test used to determine your BAC, such as if police performed the test more than two hours after the incident
  • Providing evidence that you have a medical condition that can cause false positives from field sobriety or chemical tests