Brooklyn DUI Fatality Cases: Vehicular Homicide Laws

Brooklyn DUI Fatality Cases: Vehicular Homicide Laws

Driving under the influence (DUI) is a serious offense that can have devastating consequences. When a DUI incident results in a fatality, the charges become even more severe. In Brooklyn, a DUI fatality case falls under the New York vehicular homicide laws.

Understanding Vehicular Homicide Laws in New York

New York distinguishes between vehicular manslaughter and vehicular homicide charges based on the driver’s level of intoxication and state of mind . The main vehicular homicide charges are:

• Aggravated vehicular homicide – Causing the death of another person while intoxicated with a blood alcohol content (BAC) of 0.18% or higher. This is a Class B felony with a maximum sentence of 8-25 years in prison.
• Second degree vehicular manslaughter – Recklessly causing the death of another person while intoxicated with a BAC between 0.08% and 0.18%. This is a Class D felony with a maximum sentence of 2-7 years in prison.

If the driver did not exhibit a reckless state of mind but still caused a fatality with minor impairment, they may face criminally negligent homicide charges instead. This applies to cases with a BAC under 0.08% and is a Class E felony.

Investigating Fatal Brooklyn DUI Crashes

After a fatal DUI crash in Brooklyn, specialized DWI task forces from the New York Police Department (NYPD) Highway Patrol will launch an in-depth investigation. Officers will:

• Secure the crash scene and gather physical evidence
• Interview witnesses and collect statements
• Obtain a warrant for the driver’s blood sample
• Analyze vehicle computer data and event data recorders
• Review video footage if available

The evidence gathered will help the district attorney determine which vehicular homicide charges apply based on the driver’s level of intoxication and state of mind.

Working with a Brooklyn DUI Defense Attorney

Being charged with a vehicular homicide offense in Brooklyn can completely devastate your life. The penalties are extremely harsh, with years or even decades behind bars.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

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An experienced Brooklyn DUI defense attorney from firms like Tully Rinckey or The Potts Law Firm can analyze the prosecution’s case and build strategic defenses to fight the charges. Potential defenses include:

• Invalid blood test – Errors in collecting or handling the blood sample could make the BAC results inadmissible.
• No probable cause for arrest – If the initial traffic stop and DUI evaluation were unjustified, evidence may get suppressed.
• Insufficient evidence of recklessness – Negligence and recklessness have different meanings under New York law.

In some cases, legal technicalities or exculpatory evidence may lead to reduced charges or dismissed cases. However, you need an attorney experienced in defending Brooklyn vehicular homicide allegations from the initial arraignment onwards.

Brooklyn DUI Fatality Case Examples

To understand how Brooklyn’s vehicular homicide laws apply in real cases, here are two examples:

People v. Smith

Defendant Margaret Smith crashed her SUV into a taxi while driving the wrong way down a Brooklyn highway access ramp. The taxi driver was killed and Smith’s BAC was recorded at 0.20%.

Charges: Aggravated vehicular homicide (Class B felony)

Outcome: Convicted at trial and sentenced to 8-15 years in prison

People v. Rodriguez

Defendant Luis Rodriguez struck and killed a pedestrian in downtown Brooklyn while making an unsafe lane change. At the time, his BAC was 0.05% and he exhibited no other signs of impairment.

Charges: Criminally negligent homicide (Class E felony)

Outcome: Plea deal for 1-3 years in prison

As you can see, the charges and penalties vary widely based on the circumstances of each case. An experienced DUI defense lawyer can thoroughly analyze the evidence to build the strongest defense.

Resources

For more information on New York DUI and vehicular homicide laws, see:

• New York DMV DUI Penalties
• Mothers Against Drunk Driving – New York
• Overview of New York Vehicular Homicide Laws (NY Criminal Defense)

Conclusion

DUI crashes that result in a fatality lead to devastating consequences for all involved under New York’s vehicular homicide laws. Drivers face charges ranging from criminally negligent homicide to aggravated vehicular homicide based on their BAC levels and state of mind.

In Brooklyn, specialized DWI task forces conduct intensive crash scene investigations to gather evidence for building a vehicular homicide case. Those charged require experienced legal representation to analyze the prosecution’s case, identify defenses, and negotiate reduced charges or dismissals where possible. Vehicular homicide allegations lead to years or decades behind bars if convictions occur.