The Criminal code defines vehicular manslaughter as causing the death of another individual while operating a vehicle. You may cause death negligently by committing an unlawful act that does not qualify as a felony. You may also be guilty of vehicular manslaughter for negligently committing a lawful act that leads to the loss of life of another individual. Vehicular manslaughter is a crime under law, and the associated consequences are detrimental. Hamilton criminal lawyer is committed to assisting persons facing vehicular manslaughter charges.
Drivers who unintentionally cause accidents that result in the deaths of passengers, occupants of other cars, or pedestrians may find themselves charged with the crime of vehicular manslaughter (also known as vehicular homicide). Vehicular manslaughter charges are appropriate when the driver was under the influence of drugs or alcohol, or driving recklessly (or merely carelessly), or otherwise driving in an illegal manner each province specifies the circumstances that will support charging this crime.
In some provinces, drivers may also be charged with vehicular manslaughter for failing to abide by important safety statutes or other laws that provinces have determined are of particular importance. For instance, if a death results from a driver’s violation of a “no passing” sign, or a failure to keep his car in proper working order, this can result in a vehicular manslaughter charge. Likewise, many provinces explicitly include a failure of a driver to abide by rules related to school buses in their vehicular manslaughter statutes.
In order to know whether a vehicular manslaughter charge is appropriate when a highway death results from an accident, you’ll need to know exactly what kind of driving will trigger such a charge in your province. Here are the typical types of driving that province laws provide for.
In many cases, driver carelessness is responsible for an accident that results in death. Negligence generally refers to lack of attention while driving, such as if the driver glances away from the road to do something quickly, like turn on the radio or reach for something in the console. Unfortunately, this behaviour is all too common. These days there are so many distractions and many drivers now multi-task thinking they still have command of the road.
Criminal negligence refers to conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others. Federal and province courts describe this behavior as a form of recklessness, where the person acts significantly differently than an ordinary person under similar circumstances. This type of situation is referred to as violating a safety statute and is considered more egregious than negligence. Drivers who are reckless and careless with no regard for others fall into the criminal negligence category.
Vehicular manslaughter while intoxicated as driving under the influence resulting in the unlawful killing of a human being without premeditation or malice aforethought. To convict you of this crime, the prosecution must prove that you were driving under the influence of alcohol or drugs, you committed an unlawful act or an otherwise lawful act that might cause death, you acted with gross negligence, and your grossly negligent conduct caused the death of another.
Drowsy driving is a major problem in Canada. The risk, danger, and often tragic results of drowsy driving are alarming. Drowsy driving is the dangerous combination of driving and sleepiness or fatigue. This usually happens when a driver has not slept enough, but it can also happen because of untreated sleep disorders, medications, drinking alcohol, or shift work.
In light of the severity of the punishments and retribution for a vehicular manslaughter conviction, it is dire that an accused person seeks competent legal counsel to provide the best possible defense strategy to defend the conviction. There are a variety of legal defenses available, including lack of negligence or gross negligence, causation, involuntary intoxication, insufficient evidence, and mistaken identity. Proving lack of causation between the driver’s conduct and the resulting accident is an effective legal defense. The existence of supervening circumstances, such as a pothole in the road, defective car parts, or the actions of the victim or another party can break the chain of causation and result in an acquittal for the defendant charged. It is possible to show that the accident would have occurred regardless of the defendant’s negligence or conduct.
If you or someone you love is facing charges for vehicular manslaughter, you can see how important it is to fight your criminal charges. If you are facing felony charges, your attorney may be able to get your charges reduced to a misdemeanor, which would make a huge difference in the penalties that you would face. Just imagine how a felony conviction would affect your personal and professional life. How would going to prison for several years affect your family or your career? If you are in a bad situation with the law, an attorney may be able to help you get your charges reduced. You owe it to yourself to seek legal counsel right away.
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