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 West Virginia, vehicular manslaughter, also known as negligent homicide, is addressed under West Virginia Code §61-2-1. This statute defines the offense as the unintentional killing of another person as a result of negligent operation of a vehicle. It is considered a misdemeanor in West Virginia, which is less severe than a felony. The penalties for vehicular manslaughter in West Virginia can include a fine and a jail sentence, but the specific punishment can vary depending on the circumstances of the case, such as the level of negligence and whether the driver was under the influence of alcohol or drugs. If the driver was intoxicated, the offense could be elevated to a felony under DUI laws, with harsher penalties. It is important to note that laws can change, and an attorney can provide the most current legal advice and guidance specific to the case at hand.