Vehicular Manslaughter in Idaho: FAQ

 Any traffic accident in which you accidentally hit someone can prove both costly and traumatic to all concerned. However, if your actions behind the wheel result in someone's death, you may face a charge of vehicular manslaughter. Conviction on this charge can lead to serious penalties.

You stand a better chance of mounting a solid defense against a charge of vehicular manslaughter in Idaho once you understand what such a charge involves, what kinds of penalties it can incur, and how a skilled attorney can help. Start by examining the following frequently asked questions and their answers.

How Does Idaho Law Define Vehicular Manslaughter?

The Idaho Statutes define various forms of manslaughter, including vehicular manslaughter, in Chapter 18 of Section 4006 (manslaughter defined). According to Paragraph 3, this offense involves motor vehicle operation as the cause of or significant cause contributes to a person's death due to an unlawful action on the driver's part.

Several forms of unlawful driving can draw a vehicular manslaughter charge in Idaho. One primary kind of violation involves negligent driving practices that lead to an individual's death. An ordinary act of carelessness might lead to a charge of simple negligence, while a blatant flaunting of caution or the law might draw a charge of gross negligence.

Another common type of vehicular manslaughter violation involves driving under the influence (DUI). This charge applies if alcohol or drugs impaired your reflexes or judgment, resulting in a person's death. Every state in the U.S. recognizes a blood alcohol concentration of .08 percent or higher as an illegal degree of impairment.

How Does the Degree of Negligence Affect Vehicular Manslaughter Charges?

The severity of an Idaho vehicular manslaughter charge varies according to the degree of negligence displayed. For instance, simple negligence counts as a misdemeanor, while gross negligence counts as a felony.

Idaho law always classifies DUI-related vehicular manslaughter as a felony. Even within this definition, however, you might face a charge of either DUI or aggravated DUI. Aggravated DUI occurs if you drive impaired with a child in the car, with a history of DUI offenses, or with a suspended driver's license.

What Penalties Can You Face for Vehicular Manslaughter in Idaho?

In Idaho, a misdemeanor conviction for vehicular manslaughter without gross negligence can lead to jail time of up to one year, a fine of up to $2,000, or both. However, if felony gross negligence figures into your conviction, you may face up to $10,000 in fines and up to ten years in prison.

A conviction for vehicular manslaughter involving DUI can lead to up to 15 years in prison and a fine of up to $15,000. In cases of aggravated DUI, the court almost always imposes some amount of prison time.

The criminal penalties you receive from a vehicular manslaughter conviction don't necessarily spell the end of your troubles. The surviving family of the person killed may still file a civil lawsuit against you to collect monetary compensation for their pain, suffering, and financial losses.

How Can an Idaho Attorney Help You Defend Yourself Against Vehicular Manslaughter Charges?

A strong defense against an Idaho vehicular manslaughter charge could make all the difference between a verdict of innocent or guilty or in the degree of punishment you might receive in the event of a conviction. A skilled attorney knows how to identify certain mitigating details that might affect your outcome.

One common defense strategy involves the question of causation. If your attorney can show that your actions behind the wheel did not actually cause the accident or the death, the court may dismiss the case. Other possible causes of the fatal event might include a sudden problem with the vehicle, your health, or the road.

If you had nothing at all to do with the fatal accident, someone may have misidentified you as the driver after the fact. In this situation, the attorney will establish an alibi placing you elsewhere or otherwise confirming the mistaken identity.

In a case of DUI-related vehicular manslaughter, your attorney may find a way to call the evidence of impairment into question. This strategy may work if your blood alcohol level actually rose between the time of the accident and the time that the police measured it (a possibility, if you took the last drink just moments before).

Even if your BAC numbers proved your legal intoxication, you may have consumed the alcohol in question unintentionally or involuntarily. If your attorney can show that someone tricked you or forced you into consuming the alcohol, or if you consumed it entirely accidentally, then the court may find you not guilty.

The legal team at Hart Law Offices, P.C., has the legal expertise to help you defend yourself against a charge of vehicular manslaughter in Idaho. Contact our experts today to request a free consultation.