Under New York law, which scenario typically constitutes Vehicular Homicide?

Under New York law, which scenario typically constitutes Vehicular Homicide?

• A. Driving under the influence with a BAC above .08 that results in death
• B. DUI below .08 that results in death
• C. Reckless driving with death but no alcohol
• D. A routine traffic accident with property damage only

Answer: (A)

Vehicular Homicide in New York is charged when death results from operating a motor vehicle while intoxicated. The clearest and most typical example is driving with a BAC at or above the legal per se limit of .08 and that intoxicated driving directly causes a fatality. The intoxicated state is a key element that ties the conduct to the death, so a death caused by DUI above .08 fits the offense neatly. If the driver is below .08 or if the death results from reckless driving without alcohol, other charges such as different homicide or manslaughter offenses may apply rather than Vehicular Homicide. A routine accident with property damage only clearly does not meet the elements. So the scenario with a driver having a BAC above .08 and a death is the typical Vehicular Homicide.

Vehicular Homicide in New York is charged when death results from operating a motor vehicle while intoxicated. The clearest and most typical example is driving with a BAC at or above the legal per se limit of .08 and that intoxicated driving directly causes a fatality. The intoxicated state is a key element that ties the conduct to the death, so a death caused by DUI above .08 fits the offense neatly. If the driver is below .08 or if the death results from reckless driving without alcohol, other charges such as different homicide or manslaughter offenses may apply rather than Vehicular Homicide. A routine accident with property damage only clearly does not meet the elements. So the scenario with a driver having a BAC above .08 and a death is the typical Vehicular Homicide.