If an eighteen year old is driving drunk with a passenger, who is fifteen and also drunk, and the car doesn't make the curve because of high speed, and the passenger is ejected and later dies... What charges would be put against the eighteen-year-old driver, if there were no charges from the passenger’s family? And would he be charged with Vehicular Manslaughter, or is there another law for the above?
Would he be put in prison, estimation of how long? What smaller felonies would he face (ex: reckless driving, driving under the influence)?
2007-11-05 04:15:59 · 19 answers · asked by Britt 3 in Politics & Government ➔ Law & Ethics
Also, I wanted to ask: Immediately after the car accident when the ambulance arrive, what happens. I know the police come, but do they take him into custody, and if so does he stay in custody until court? But if they don't do that, and he's sent to the hospital to be checked out does he stay there until the doctors announce he is allowed to be taken away?
I know, this is all confusing, but it's very important to me. By the way, it didn't happen to me, but it did happen.
2007-11-05 04:44:26 · update #1
The driver is guilty of some form of vehicular homicide, the degree of which may vary from state to state. The family of the victim does not "charge" the driver. However, they can sue. The fact that the victim was drunk really isn't relevant in terms of it being a mitigating factor. It may lead to additional charges to the driver that could range from reckless endangerment, procuring alcohol to a minor and others depending upon the state.
As for ambulance assistance at the scene of the accident, the driver, if injured, would go to the hospital. Police would probably wait for a toxicology report before charging the driver with the VH charge or other charges. This could happen in hours, or it could take weeks depending upon the system.
Upon arrest if it happens, the driver will be brought to the police department for processing...fingerprints, etc., and possibly arraigned in court on the charges. Typically, unless there is no criminal record, bail is granted or the driver may be released on his own recognizance (ROR without bail) or remanded to the custody of his parents. Normally this person would not sit in jail until trial.
Smaller charges? Felony DUI is not a small charge. Reckless driving could be a lesser included charge. Depending upon the blood alcohol content, it could actually be the main charge. If the BAC is below the presumption of .08, or what they call a "wet reckless," they could reduce the charge. But they can charge the driver with any combination of charges from failure to negotiate, driving too fast for conditions, improper lane change, failure to use seat belts..any violation they can throw on there. Some jurisdictions promote that kind of enforcement. It's really not something anyone here can answer with any certainty.
This driver is in deep trouble. Typically this kind of charge and conviction leads to a prison term of 2-5 years. Sometimes the person is granted probation and community service. It really depends on the jurisdiction, the severity of the facts of the case, and the previous disposition of similar cases.
2007-11-05 05:12:22 · answer #1 · answered by Toodeemo 7 · 1⤊ 0⤋
It would actually probably be charged as vehicular homicide, a much stiffer charge than the manslaughter charge. The prosectutor will stack on every charge he can think of in addition to the big one, things like reckless endangerment, illegal possession of alcohol, DUI, reckless driving, and God knows what else.
It's always up to the judge about sentencing. Depending on the circumstances, family testimony, the background of the 18 year old, etc., it could range from something along the lines of 20 years to a few months in prison with probation.
2007-11-05 04:24:59 · answer #2 · answered by thegubmint 7 · 0⤊ 0⤋
Contrary to popular belief, in the US anyways, people do not charge people. States (or the Feds) charge people.
It is true that if a victim doesn't want to, he can hold up the pressing of charges by refusing to testify.
However, if you commit a crime such as described above, it would be the state in the form of the local police pressing charges.
And yes, they would press a multitude of charges, some of which may stick, others may not. These might include:
- reckless driving
- driving under the influence
- speeding
- vehicular manslaughter
- negligent homicide
- underage drinking
- conspiracy to commit underage drinking (helping the 15yr drink)
If the court is in a pissy mood, you can imagine the time for these crimes being served consecutively.
2007-11-05 04:24:25 · answer #3 · answered by Elana 7 · 3⤊ 0⤋
Every state has slightly different laws, however he is facing:
1. Manslaughter. Some states have actually had convictions as second degree murder.
2. Driving under the influence. This can be a felony under certain circumstances.
3. Reckless endangerment.
Reckless driving is not a felony.
2007-11-05 04:20:25 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
The prosecuter must look at the case and decide which charge or charges he can successfully make stick in this case
I would say manslaughter is a definate maybe
DUI is a home run and recless driving is iffy
remember he has to win and sometimes he will pick the worst charge and just prosecute that
as for punishment I see a long probation in the 18 year olds future
2007-11-05 04:21:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it would be 'voluntary vehicular manslaughter'. 2 felonies in that one.
if he was drunk and crashed and the other person didnt die, it would just be a DUI and an accident.. but since this person died, while the driver was operating a vehicle drunk.. then its just like him tellin the guy who died to stand in the middle of the street, while he backs up about 500feet then comes racing towards him and hits him. same sh!t.
reckless driving might be added in there, but why bother, he has to live with the fact that he killed his friend cuz he was drunk driving..
2007-11-05 08:57:59 · answer #6 · answered by LoLo 4 · 1⤊ 1⤋
you would be charged with voluntary manslaughter and that is a class A felony and carries ten to thirty years and if the parents do not press charges state will pick them up and you will be put in prison re: smaller felonies you would get a dwi but that is not a felony. my dad is in trouble to so i know what you are going through
2007-11-05 04:21:52 · answer #7 · answered by tucker k 1 · 0⤊ 1⤋
yes usually they would get vehicular manslaughter if they could prove that the driver was drinking when the accident occured. They would prolly get the smaller felonies as well.
2007-11-05 04:19:08 · answer #8 · answered by Samantha1029 5 · 4⤊ 0⤋
this is a sad story and would be vehicular mansluaghter -very sad
first offense could be up to 5 years. this is very sad.
they would put all the felonies together & run concurrent most likely if its first offense.
2007-11-05 04:21:17 · answer #9 · answered by 4tonianne (on ebay) 3 · 2⤊ 0⤋
Depends a lot on the judge and the circumstanses. I'm betting he does at least a couple of years token jail time.
2007-11-05 04:19:28 · answer #10 · answered by wizjp 7 · 3⤊ 0⤋