Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In New Jersey, vehicular manslaughter, also known as vehicular homicide, is addressed under NJ Stat § 2C:11-5. This statute defines vehicular homicide as causing the death of a person while driving a vehicle recklessly. Recklessness can be presumed if the driver was intoxicated by alcohol or drugs, as per the state's DUI laws. The offense is typically classified as a second-degree crime, but it can be elevated to a first-degree crime if it occurs in a school zone or crosses school property. Penalties for a second-degree vehicular homicide conviction can include 5 to 10 years in prison and a fine of up to $150,000, while a first-degree offense can lead to 10 to 20 years in prison. Additionally, New Jersey law imposes a mandatory period of parole ineligibility, not less than one-third of the sentence imposed or three years, whichever is greater, for those convicted under this statute. It's important to note that the specific circumstances of the incident can influence the severity of the charges and penalties, and an attorney can provide more detailed information based on the facts of a case.