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 Mexico, vehicular homicide, which is similar to vehicular manslaughter, is addressed under the New Mexico Statutes Annotated (NMSA) 1978, Section 66-8-101. It is defined as causing the death of another person as a result of operating a motor vehicle recklessly or while under the influence of intoxicating liquor or drugs. This offense is considered a felony in New Mexico. The severity of the charge and the potential punishment depend on the circumstances of the offense and the level of negligence involved. If the driver is found to have been operating the vehicle under the influence of alcohol or drugs, it is a second-degree felony, which can result in significant prison time. If the act is committed recklessly but without intoxication, it may be charged as a third-degree felony. Penalties can include imprisonment, fines, and the revocation of driving privileges. The specific details of the punishment can vary based on the offender's criminal history and the particulars of the incident.