Vehicular Manslaughter is a serious charge in Canada. There are three Vehicular Manslaughter charges under province law Vehicular Manslaughter in the Second Degree, Vehicular Manslaughter in the First Degree, and Aggravated Vehicular Manslaughter. Upon conviction for any of these charges, a driver will face steep fines and State Prison time, even under the current law.You may cause death negligently by committing an unlawful act that does not qualify as a felony. You may also be guilty of vehicular manslaughter for negligently committing a lawful act that leads to the loss of life of another individual.
Roadways are a dangerous place and home to countless accidents everyday. When accidents turn deadly, drivers may wind up facing serious felony convictions for causing the death of another human being. A charge of vehicular homicide can be brought against a person who unintentionally kills another person as a result of operating a motor vehicle.
The crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. Vehicular manslaughter can be charged as a misdemeanor (minor crime with a maximum punishment of a year in county jail or only a fine) or a felony (punishable by a term in state prison) depending on the circumstances. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor, but drunk driving resulting in a fatality is most likely treated as a felony.
Nearly all auto manslaughter incidents are the result of the following types of vehicular behaviours.
Negligence occurs when drivers fail to use reasonable care while operating a vehicle, which could lead to personal injuries and damages to one or more vehicles. Drivers have a legal obligation to act in a certain manner that is dictated by law but when he or she proceeds to breach that duty by acting in a particular manner or failing to act at all, they are being negligent. Negligence can cause car accidents by ignoring the rules of the road or falling short of the accepted standards of care. Most drivers are guilty of negligence behind the wheel at least once in the last 30 days. A negligent driver, however, does not reach the level of recklessness.
Criminal negligence occurs when a person acts in such a way that it can be considered an extreme departure from the manner in which a “reasonable” person would have acted in the same or similar situation.
In general, an act that rises to the level of criminal negligence typically involves one that shows an indifference or disregard for human life, or for the safety of other individuals. Federal and state courts describe this behavior as a form of recklessness, where the person acts significantly different than an ordinary person under similar circumstances. An example is a parent leaving a loaded firearm within reach of a small child.
Getting behind the wheel of a vehicle, car, truck, motorcycle or any other motorized vehicle after consuming alcohol is a serious crime. Drinking and driving is sometimes called driving under the influence (DUI) or driving while intoxicated (DWI), and involves operating a vehicle with a blood alcohol content (BAC) level of at least 0.08 percent.In any case, DUI and DWI both mean that a driver is being charged with a serious offense that endangered themselves and others. That applies to alcohol and other drugs (including recreational drugs and those prescribed by a physician) that impair your ability to drive. One is not worse than the other and both can have a big effect on your life.
Drowsy driving is the dangerous combination of driving and sleepiness or fatigue. This usually happens when a driver has not slept enough, but it can also happen because of untreated sleep disorders, medications, drinking alcohol, or shift work. Falling asleep while driving is a state in which a person becomes inattentive and feels sleepy, resulting in slower reaction time towards the objects on the road. This considerably reduces the drivers’ safety and also puts pedestrians around them in danger. The consequences can be fatal for both the driver and those near the moving vehicle.
It’s very common for each driver involved in a car accident to share some of the responsibility perhaps one car was going too fast, but the other car was, too. When blame and damages are sorted out in a civil context who pays for what courts often apportion the blame using the theory of “contributory negligence.” In other words, when you’re partially responsible, you collect less.
In Canada, the Criminal Code has a series of concessions that cover driving offences that cause death, such as:
The maximum penalty for dangerous driving causing death is 14 years’ imprisonment. If the vehicular fatality was caused by any of the above provisions, the maximum penalty could be life imprisonment. Those who are sentenced to life imprisonment are eligible to apply for parole after serving 7 years. As with any life sentence, there is no guarantee of parole.
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