What Does Misdemeanor Death By Motor Vehicle Mean?

Any driving offense involving a fatality is always a serious case. Even though it’s an accident, you mean car a criminal record or a license revocation. Driving offenses that are considered criminal are found in the state’s criminal law. Death by vehicle is considered a misdemeanor. It is the unintentional killing of another person during the operation of a vehicle. The death is the direct cause of a traffic law violation. Safe operation of a vehicle is required at all times. There are prima facie that the state must prove beyond a reasonable doubt in a misdemeanor death by vehicle.

First, the state must approve beyond a reasonable doubt that’s a driver of the vehicle violated a state law, local ordinance or traffic law. These factors are outlined in the jury instructions. The term proximate cause is different from the civil standard of its meaning. This is because the death would not have occurred if it weren’t for the car accident. The driving offense in violation of the law is not the only thing that is required to cause the death.it also does not have to be the last cause of the death. Proximate cause is considered enough if when acting with another cause at the same time resulted in the death of the person. It is deemed that a reasonable or prudent person would have foreseen that the illegal driving offense would produce injury or fatality. It is important to note that a misdemeanor death by vehicle is not a less offense than a felony death by motor vehicle. A felony death by motor vehicle is considered a homicide. Specifically, misdemeanor death by vehicle does not include impaired driving or driving while under the influence. And homicide involving in bed driving would be seen as murder or involuntary manslaughter. Sometimes, a misdemeanor death by vehicle may be termed involuntary manslaughter. If a grand jury indictment includes numerous violations of traffic laws, the jury is then instructed on each violation. Proximate cause takes into account all of the offenses to determine whether or not there is criminal culpability. If there is a conviction of a misdemeanor by vehicle the jury must be told the consequences of the conviction.

Similar Offenses

Similar offensive may include aggravated serious injury by vehicle, second degree murder, exceeding the speed limit, lane violation, following too closely, felony serious injury by vehicle unsafe movement. For example, a class a license semi-truck driver maybe driving with bald tires. A forensic investigation may reveal that the vehicle was not inspected. Conviction of a misdemeanor death by motor vehicle may also occur if a blown tire caused a head-on collision and resulted in the fatality. This would be considered unsafe operation of a motor vehicle. And if a driver speeds and swerves over the median striking another vehicle which results in a death, there may be a conviction of misdemeanor death by motor vehicle.

If an infant or small child is improperly secured in a vehicle and an accident occurs in which the child dies, the person responsible for securing the child could be convicted of a misdemeanor death by motor vehicle.

Defenses

If negligence was not the cause of the collision which resulted in the death of another part of, he or she would not be held guilty under law. Approximate cause would be challenged. This would be one viable defense. And if there was a minor violation that resulted in the death, this may also be a valid defense. Careful consideration is always given to the contributing cause of a collision that results in a fatality.

The Penalties for Misdemeanor Death by Motor Vehicle

A misdemeanor death by motor vehicle is a class a1 misdemeanor. You could be sentenced to prison for 150 days. That is the maximum time of incarceration. You may even have your license revoked for one year. In addition, there is also civil liability in the event of a wrongful death case due to negligence.

Before giving any statement in a misdemeanor vehicle death investigation, it is important to speak to an attorney. This is a serious legal matter. It is important that you exercise your Fifth Amendment right to remain silent. This way, you don’t mistakenly say something that can be used against you later on down the road. Whatever you say may even be misconstrued by the law enforcement person interviewing you. It is imperative that you consult an attorney who has experience in misdemeanor death by motor vehicle charges. It’s much more likely that there will be a better outcome for you if your partner up with an experience attorney. Don’t go it alone. It can’t be said enough that a misdemeanor death by vehicle motor is a very serious legal matter. An experienced attorney will help you navigate the entire legal process. And keep in mind that the legal process is complex.