Connecticut Vehicular Manslaughter Attorney

Let’s say that you are driving a car, while under the influence of alcohol or drugs, with your boyfriend or girlfriend in the passenger seat. You lose control of the car and hit a tree. You come out of the accident without any injuries, but your significant other needs to be rushed to the hospital, where they ultimately die. You might be concerned about the possibility of a DUI charge. You should be more concerned about being charged with Manslaughter in the Second Degree with a Motor Vehicle.

If you or a loved one is being investigated or has already been arrested for Manslaughter in the Second Degree with a Motor Vehicle, you are likely scared, concerned, and overwhelmed. Call our experienced and dedicated attorneys at Black’s Law Group for an initial consultation where we can answer many of your likely many questions.

What Is Vehicular Manslaughter in Connecticut?

Vehicular manslaughter, also called vehicular homicide or negligent homicide, is one of the most serious motor vehicle offense charges a person can face in Connecticut. Many people do not realize that a motor vehicle accident involving alcohol or drugs can lead to much more than a DUI charge. Under Connecticut General Statutes, if a driver causes the death of another person while operating a vehicle under the influence, they can be charged with a felony.

Connecticut General Statutes define several levels of these offenses. Negligent homicide with a motor vehicle applies when a person causes death through negligent driving. Vehicular manslaughter charges, on the other hand, carry steeper penalties and apply when intoxication is involved. Knowing the difference matters, especially if you or someone you love has been accused of one of these crimes.

What Is Manslaughter in the Second Degree with a Motor Vehicle?

In Connecticut, a person is guilty of Manslaughter in the Second Degree with a Motor Vehicle when “while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug.”

Under Connecticut’s Model Jury Instructions, the State will need to prove three elements beyond a reasonable doubt:

• That you operated a motor vehicle
• That you were under the influence while you operated a motor vehicle
• That your intoxication caused the death of another person

Simply put, the State will need to prove that you operated a car while intoxicated, and that your intoxication is the reason that another person died.

What Criminal Penalties Do I Face for Vehicular Manslaughter Charges?

Manslaughter in the Second Degree with a Motor Vehicle is a class C felony. Although this crime does not carry a mandatory minimum period of jail time, if you are found guilty, a court can sentence you to up to ten years of imprisonment. This crime also carries a maximum possible fine of $10,000.00.

Beyond imprisonment and fines, a conviction can follow you for the rest of your life. It can affect your ability to find work, keep a professional license, own a firearm, and more. Being convicted of a felony in Connecticut is not something to take lightly, and the stakes are too high to face the prosecution’s case without a skilled defense attorney by your side.

Second-degree manslaughter is not a misdemeanor. It is a serious felony charge, and the court will treat it that way. Anyone accused of this offense needs to understand what they are up against and contact an experienced attorney as soon as possible.

What DMV Penalties Do I Face?

Not only does Manslaughter in the Second Degree with a Motor Vehicle carry serious criminal penalties, but you also face serious restrictions on your driving privileges. Any person who is found guilty of this offense will have their driver’s license suspended for a full year. This license suspension can make daily life very difficult, especially if you rely on your car to get to work or care for your family.

On top of that year-long suspension, once you are able to begin driving again, you must do so in a vehicle that is equipped with an ignition interlock device for a period of two years.

How Do Attorneys Defend Against Vehicular Manslaughter Charges?

Like any defense attorney, the best defenses in your case will entirely depend on the particular facts of your case. However, below are some of the typical areas of attack in a vehicular manslaughter case:

• Under the Influence – Like any standard drunk driving matter, part of a defense will be assessing the strengths of the State’s case regarding whether you were under the influence. Was there a chemical test, and if so, what did it reveal? If no chemical test, did you actually refuse such a test? If the police need to prove your intoxication based on your behavior or conduct, what did they observe, and is it corroborated by any other evidence?
• Causation – The State also carries the burden of proving beyond a reasonable doubt that your intoxication caused the motor vehicle accident and accompanying injuries to other persons. What if the conditions of the road were miserable because it was snowing? What if there was something in the middle of the road that you needed to avoid, like a person illegally crossing a street? What if one of the injured persons was intoxicated and bumped into you while trying to change the radio, forcing your hands off the steering wheel?
• Criminal Negligence – The prosecution must establish criminal negligence, not just that an accident occurred. Car accidents happen for many reasons. Reckless driving, a mechanical failure, poor weather, or another driver running a stop sign can all contribute to a crash. Your defense attorney will look at every piece of evidence to challenge whether your conduct rose to the level of criminal negligence.
• Illegal Substance Evidence – If police claim you were under the influence of an illegal substance, the evidence behind that claim must be examined carefully. How the drug test was conducted, when it was taken, and whether it was handled properly all matter. Mistakes in collecting or storing evidence can weaken the prosecution’s case significantly.

Not only are these factual defenses available, but like any other criminal case, any number of specialized, affirmative defenses might apply in your case. Although you may carry the burden in one of these defenses, if available, an experienced defense attorney will leverage them throughout the trial process and if needed, trial itself.

Frequently Asked Questions About Vehicular Manslaughter in Connecticut

What is the difference between vehicular manslaughter and negligent homicide in Connecticut?

Negligent homicide with a motor vehicle involves causing the death of another person through negligent driving, without the influence of alcohol or drugs being the central factor. Vehicular manslaughter charges, and specifically Manslaughter in the Second Degree with a Motor Vehicle, involve operating a vehicle under the influence of intoxicating liquor or a drug. The penalties for vehicular manslaughter are generally more severe. Connecticut General Statutes treat these as separate offenses, and understanding which charge applies in your case is something your attorney will help you sort out early on.

Can I be charged with vehicular homicide even if the accident was not entirely my fault?

Yes. Connecticut law does not require that you be 100% at fault for the motor vehicle accident. The prosecution’s case only needs to show that your intoxication was a cause of the death of another person. That said, evidence showing that another driver, poor road conditions, reckless driving by a third party, or another factor contributed to the accident can still be used as part of your defense. This is why a thorough investigation of the circumstances is so important.

What happens if I am accused of negligent homicide but was not drunk driving?

Negligent homicide does not require proof of alcohol or drug use. It applies when a driver causes a fatal motor vehicle accident through criminal negligence behind the wheel, such as extreme reckless driving or another serious error. The charge is still a serious offense under Connecticut General Statutes and can carry significant penalties. If you have been arrested or are being investigated for any motor vehicle-related death, you should contact an experienced attorney right away to understand your options and protect your future.

Contact Black’s Law Group to Fight Your Vehicular Manslaughter Charges

DUI arrests and vehicular manslaughter charges place you in the crosshairs of the criminal justice system and the Department of Motor Vehicles, but can also affect your job, your family, and your reputation in the community. You or your loved one is probably scared of what lies ahead. You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate and investigate your case, and then guide it to the best possible outcome. That’s where Black’s Law Group comes in.

Our attorneys have spent decades helping clients accused of serious motor vehicle offenses across Connecticut. We know how the prosecution builds its case, and we know how to fight back. Whether you are facing vehicular manslaughter charges, a negligent homicide allegation, or any other serious motor vehicle offense, our lawyers are here to stand up for you.

Call Black’s Law Group now at 203-504-9517 to schedule your free initial consultation. Do not wait. The sooner you contact us, the sooner we can begin to investigate your case and build the strongest possible defense for your future.