Intoxication, excessive speed, reckless driving, prior criminal convictions, and leaving the scene of a fatal crash can increase a vehicular manslaughter sentence. Penalties depend on state law, the specific charge, and the circumstances of the collision. The following sections explain how these five factors may lead to harsher penalties.
1. Driving Under the Influence of Alcohol or Drugs
Driving while impaired by alcohol or drugs can expose a driver to more severe criminal penalties when a fatal collision occurs. Impairment may affect reaction time, judgment, and the ability to maintain control of a vehicle.
Prosecutors may rely on breath or blood test results, toxicology reports, witness statements, and surveillance footage to establish impairment. A high blood alcohol concentration or evidence of drug use may strengthen the prosecution’s case, although the applicable legal requirements vary by state.
2. Excessive Speed and Reckless Driving
Excessive speed can increase the risk of a fatal crash, particularly in school zones, residential streets, and areas with heavy pedestrian traffic. Reckless actions, such as running red lights, weaving through traffic, or racing other vehicles, may also support more serious charges or harsher sentencing.
Investigators may examine crash reconstruction reports, vehicle damage, skid marks, traffic camera footage, and electronic vehicle data. These records can help establish the driver’s speed, actions before impact, and whether the conduct contributed to the death.
3. A History of Traffic or Criminal Offenses
Prior convictions for impaired driving, reckless driving, or similar offenses may influence sentencing. A repeat offender may face enhanced penalties under statutes that specifically address previous convictions.
For example, Minnesota Statutes Section 609.2112 addresses criminal vehicular homicide and includes provisions concerning qualifying prior driving offenses. The consequences depend on the statutory requirements and the defendant’s record.
A prior conviction does not automatically increase every sentence. Courts must apply the relevant enhancement rules and consider whether the earlier offense qualifies under the applicable law.
4. Leaving the Scene of a Fatal Crash
Leaving the scene after a fatal collision can create additional criminal exposure. Drivers may have a legal duty to stop, provide identifying information, and render reasonable assistance as required by state law.
Evidence such as surveillance footage, vehicle identification records, witness accounts, and phone location data may help investigators determine whether a driver fled. In some jurisdictions, leaving the scene is also a factor in the underlying vehicular homicide offense.
Minnesota Statutes Section 609.2112, for example, includes certain cases involving a driver’s unlawful departure from a collision scene.
5. Multiple Victims or Other Aggravating Circumstances
A collision that kills multiple people or seriously injures additional victims may result in more severe legal consequences. Depending on state law, prosecutors may bring separate charges for each victim, and the court may consider the full extent of the harm when imposing a sentence.
Other aggravating circumstances can include driving with a revoked license, knowingly operating an unsafe vehicle, or ignoring obvious road hazards. The prosecution must establish any required elements, and the court must follow applicable sentencing rules.
Contact a Vehicular Homicide Defense Attorney
If you are facing charges after a fatal crash, understanding the allegations and potential penalties is essential. Contact a vehicular homicide defense attorney to discuss your case, review your legal options, and learn how an attorney can help protect your rights.
