Car crashes are always frightening. There would be legal repercussions if you caused someone’s injury or death while driving. A New Westminster criminal lawyer can help you with any charges you might face.
What is Canadian vehicular manslaughter?
Is killing someone unintentionally while driving a car considered murder? Vehicular manslaughter, often known as vehicular murder, is a felony resulting in the passing of pedestrians, cyclists, other motorists, or passengers in the offender’s vehicle. The crime results in another person’s death.
The following traffic offenses that cause death are included in the Criminal Code of Canada and could lead to a charge of motor vehicle murder:
Unsafe driving results in fatalities
Criminal carelessness, failing to stop for police, street racing, drunk driving, hit-and-run driving, and other factors contribute to fatalities.
Canadian penalties for vehicular homicide
The maximum sentence for killing someone while driving recklessly, dangerously, or while intoxicated is 15 years in prison. This is a terrible thought because few people intentionally cause a fatality while driving. It was undoubtedly a horrific accident with devastating results, and you will remember it for the remainder of your life.
Being charged with vehicular homicide?
Innocence is presumed until proven guilty. Who conducts criminal vehicular homicide investigations?
When a motor vehicle collision ends in a fatality, the police will look into the occurrence and determine whether the at-fault driver needs to be charged with a crime.
When accusations are made, the case will be heard in court.
You are presumed innocent unless and unless you are proven guilty in this criminal matter. The Crown’s prosecution must prove that your conduct was reckless and not reasonable under the circumstances. The court must declare you not guilty if the prosecution fails to achieve this legal requirement.
How to refute charges of vehicular homicide
It is difficult to refute an accusation of motor vehicle homicide successfully. It cannot be argued that one or more persons have died.
However, it is possible. The exact details of the allegations will determine the best course of action. It is important to demonstrate that a “reasonable” standard of driving was not significantly departed from. This implies:
- You were not under the influence of drugs or alcohol
- You were not driving while inattentive or exceedingly fast.
- You were following the rules of the road; the law does permit some latitude.
Other things that could have contributed to the occurrence include:
- Weather or visibility issues
- Your passengers’ behavior
- The driving behavior of the other automobile
- The victim’s behavior
- a mechanical issue you were not fairly expected to know about