What is Vehicular Homicide?
In Nevada, the crime of vehicular homicide is outlined in Nevada Revised Statutes (NRS) §484C.130. Vehicular Homicide occurs when a person, impaired by alcohol or drugs, causes an incident that results in death and has at least three prior DUI convictions on their record.
NOTE: The prior DUI convictions can be from any point in the offender’s past. Nevada does not have a specific “lookback” period for which they count the DUI convictions towards the minimum required for a vehicular homicide conviction. If, at any point, you have received at least three prior DUI convictions, this will count towards the vehicular homicide count. Remember, you do not need to show visible signs of impairment or intoxication to be charged with driving under the influence. DUI laws in Nevada state that any driver found with blood alcohol concentration (BAC) exceeding 0.08% or detectable levels of illegal drugs in the blood may be charged with a DUI.
Vehicular Homicide vs Vehicular Manslaughter: Similarities and Differences
What is Vehicular Manslaughter?
In Nevada, vehicular homicide and vehicular manslaughter are very different criminal offenses. The crucial difference between these two charges lies in the degree of negligence from the driver in the fatal incident.
Vehicular Manslaughter is where a fatality occurs due to the driver’s simple negligence. Simple negligence is when a driver falls short of their obligation to care for another person’s safety. This could include a driver inadvertently failing to obey traffic rules, leading to a tragic accident. But remember, if evidence reveals the driver was under the influence of alcohol or drugs during the accident, the charges can be escalated to a more severe offense – DUI causing death.
Vehicular manslaughter is a misdemeanor in Nevada. Upon conviction, one could face penalties such as:
- A maximum prison sentence of 6 months or
- A maximum fine of $1,000.
What is Vehicular Homicide?
Vehicular homicide is classified as a category A felony in Nevada. It bears serious penalties, such as:
Imprisonment in state prison for:
- Life with possibility of parole beginning when a minimum of 10 years has been served; or
- For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served
In addition to these strict imprisonment terms, a conviction also revokes the offender’s driver’s license for three years.
When deciding the final sentence, the court considers any “aggravating factors” present. Aggravating factors are circumstances that surround the incident that make the offense more dangerous or harmful. An example could be the presence of a child, specifically one younger than 15, in the automobile at the time of the commission of the offense. An aggravating factor can significantly influence the judge’s decision, leading to a potentially longer sentence. Such stringent measures underscore the seriousness of vehicular homicide and the commitment of Nevada’s legal system to ensuring justice and public safety.
The Non-Applicability of DUI Court for Vehicular Homicide Charges
In Nevada, those accused of vehicular homicide find themselves ineligible for opportunities like Felony DUI Court, also known as the Serious Offenders Program. This intensive rehabilitation program is designed for individuals given their third DUI charge, who did not cause substantial injury or death, and have a drug or substance abuse disorder. Vehicular homicide defendants are excluded from this option, because of the great harm the offense caused.
Defending Against Vehicular Homicide Charges
Evidence to defend against vehicular homicide charges take various forms, including but not limited to:
- surveillance videos
- eyewitness statements
- results derived from blood and breath tests,
- expert opinions concerning the reconstruction of the accident.
The outcomes of the defense strategies depend on particular circumstances of the incident, the accused’s history with DUI offenses, and the procedures of the law enforcement officers involved in the investigation. These outcomes could span from a complete dismissal of the case to reducing charges. Understanding these defense possibilities is essential in helping the accused navigate the complex terrain of vehicular homicide charges.
The Limitations of Record Sealing in Vehicular Homicide Cases
In Nevada, the sealing of felony DUI convictions, includes vehicular homicide, isn’t allowed. This stipulation underscores the severity of these offenses and their lasting impact on an individual’s record. However, hope isn’t entirely lost; if charges are reduced or dismissed, the case record might become eligible for sealing under certain circumstances.
This eligibility is subject to specific waiting periods, which vary depending on the final nature of the conviction. Hence, the possibilities of record sealing need to be carefully evaluated in the context of each unique case and its specific outcomes.
Immigration Implications of Vehicular Homicide Charges
While DUI offenses typically don’t trigger deportation proceedings, the legal waters become murkier when the charge involves a felony and results in a fatality. Non-citizens facing serious DUI charges are strongly recommended to secure immediate legal representation. An adept attorney, familiar with criminal and immigration law, can critically assess the potential threats to your legal status in the U.S.
Given the serious ramifications of these charges, it’s vital to construct a robust defense strategy that can safeguard your rights and strive to minimize any negative immigration consequences. Your legal counsel is integral in navigating this complex legal landscape and ensuring your interests are fully represented.
Conclusion
If you face fatal DUI charges under Nevada law, remember you are not alone. Our seasoned attorneys are committed to advocating for your rights. They stand committed to tireless efforts to reduce or completely dismiss charges, circumventing the need for a trial. Contact The Bourassa Law Group today to get help with your case and ensure you get the best defense possible.