Under Nevada law, an individual who is suspected of causing another person's injury or death while driving may be charged with vehicular assault or vehicular manslaughter. Vehicular manslaughter, a misdemeanor in Nevada, can be easily confused with other similar-sounding charges such as vehicular homicide and DUI resulting in injury or death. The misdemeanor charge of vehicular manslaughter is reserved for cases in which the driver was only guilty of a minor infraction of traffic laws when the accident occurred. For example, if a driver was only driving a few miles per hour over the speed limit or simply ran a red light, he will probably be charged for a misdemeanor offense.
Penalties
Even as a misdemeanor, a vehicular manslaughter conviction carries the possibility of up to six months in jail, $1,000 in fines, and a one-year driver's license revocation. In addition, the conviction will remain on your criminal record for two full years before it can be sealed by petition to the court. These penalties can be devastating, especially for someone who lives outside the state of Nevada and is simply visiting Las Vegas. A cheap or free lawyer is likely to advise you to simply plead guilty and hope for a light sentence, but if the tragedy was only the result of an honest accident, you have no reason to pay the penalties of a crime. In order to establish your innocence and preserve your record intact, you should immediately get the help of a criminal defense attorney who knows how to clearly communicate your side of the story to a Las Vegas court. If you have not violated the law, you need a lawyer with the dedication and focus to fight as hard and as long as necessary to win your case.
Defense
A defense lawyer with a history of success in handling traffic cases has a number of strategies at his disposal to keep you out of jail and free of problems with the Nevada DMV. While the serious injury or death of a pedestrian or another driver is a terrible tragedy, it does not necessarily mean that you have committed an offense deserving of jail time or a criminal record. Your Las Vegas defense attorney will use the following factors to influence your case:
- Lack of evidence. A police officer's testimony that you were in violation of traffic laws does not prove it as a fact. Even speed radar guns are notoriously susceptible to incorrect readings, and if there is not enough evidence to conclusively prove your guilt, it is your lawyer's job to point that fact out to the court. This part of the defense attorney's job requires time and effort, two assets that court-appointed and discount lawyers usually cannot provide in the necessary amounts.
- Fault of the victim. It is a sad but true fact that many injuries and deaths are the result of negligence on the part of the victim. If your lawyer is able to show that the victim was violating a traffic law to a greater extent than you were, the judge may decide that you should not suffer criminal penalties for the accident.
Vehicular Manslaughter as an Alternative
As heavy as the penalties are for vehicular manslaughter, they are milder than those connected with other charges involving injury or death. Criminal defense attorneys often seek to have felony DUI or vehicular homicide charges reduced to the misdemeanor level of manslaughter. Here are some of the advantages that a manslaughter conviction has over felony charges:
- DUI. A DUI resulting in injury or death can put you behind bars for many years, while vehicular manslaughter carries a maximum of six months. Also, in DUI cases the judge normally orders lengthy, expensive alcohol treatment programs.
- Vehicular homicide. A driver who already has three DUI convictions and is involved in an accident causing fatality faces the possibility of life in prison. Obviously, reduction to vehicular manslaughter drastically reduces the penalties. It takes a very capable defense lawyer to negotiate a plea bargain down to manslaughter rather than homicide.
In both cases, one of your defense attorney's main tasks is to show that you may not have been both drunk and driving at the same time. This defense is based on exposing the faults of blood alcohol testing equipment and incorrect police procedures. In addition, if an exceptionally tenacious defense lawyer promises a long, expensive legal battle, the prosecution may offer the reduced charge of manslaughter in return for a guilty plea.
Another advantage over these charges is the shortened waiting period before the criminal record can be sealed. Felonies must remain on the record for at least twelve years, and they have a serious impact on many areas of life. Vehicular manslaughter convictions can be sealed after just two years, allowing you to continue your life with essentially a clear record.
