On April 10, 2010, 52-year-old Luis Vargas, from the Bronx, was driving drunk on an upstate road 45 miles north of New York City. Vargas' van crashed and three of his passengers were injured. The fourth passenger, 22-year-old Penelope Veras-Ortiz, was killed after being ejected from the vehicle. In February 2011, Vargas pled guilty to vehicular manslaughter and in March he was sentenced to four years in prison.
Vehicular Homicide Charges
Vehicular manslaughter and aggravated vehicular homicide are serious criminal offenses, but are not difficult for ordinary people to commit.
Vehicular manslaughter can be in the first or second degree. Second-degree vehicular manslaughter is committed by causing someone's death while driving a motor vehicle under the influence of drugs or alcohol. Second-degree vehicular manslaughter becomes first-degree vehicular manslaughter when at least one of the following elements is also included:
- A blood alcohol content (BAC) of 0.18 or higher
- Knowingly driving on a suspended license
- Having a prior DUI/DWI conviction
- Causing the death of more than one person
- Causing the death of a child (15 or younger) in the vehicle
A charge for first-degree vehicular manslaughter may rise to the level of aggravated vehicular homicide if the individual was also considered to be driving recklessly.
A person need not be a hardened criminal to find himself or herself charged with any one of these serious offenses. A lapse in judgment regarding drinking and driving, combined with some bad luck can result in a tragic accident and criminal charges.
Associated Penalties
Despite the relative ease of committing these offenses, the penalties for doing so are severe. Second-degree vehicular manslaughter is a class D felony and carries a potential prison sentence of up to seven years. First-degree vehicular manslaughter is a class C felony with a potential prison term of up to 15 years. The penalty for aggravated vehicular homicide (a class B felony) can be up to 25 years in prison.
As in the case of Luis Vargas, a moment of poor judgment can send someone to prison for years. However, because of the harshness of the possible penalties, Mr. Vargas' situation could have been worse without a strong legal defense. If you face vehicular manslaughter or vehicular homicide charges, contact an experienced criminal defense attorney who will aggressively defend your rights and fight to protect your freedom.
