THE DIFFERENCES BETWEEN THE DEGREES OF VEHICLE HOMICIDE
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Thursday, November 21, 2019.

Intoxicated motorists who cause the death of another stand the potential of being charged with vehicular manslaughter in New York. This crime may be classified as either a first-degree or second-degree felony depending on the nature of the offense.

A second-degree vehicular manslaughter charge is considered a Class D felony in New York.

An individual may be charged with vehicular manslaughter if they meet three different conditions. If a motorist causes the death of another while under the influence of drugs or alcohol, then they may be charged with this crime. Snowmobile and all-terrain vehicle operators fall under the umbrella of motorists according to New York Penal Code Section 125.12.

Someone may also face the same charges if they cause someone else’s death while operating a vehicle that both weighs 18,000 pounds and is carrying explosives, radioactive materials or flammable gas.

First-degree vehicular manslaughter is considered to be a Class C felony in New York.

A suspect must have met all the conditions to be arrested on second-degree vehicular manslaughter charges and meet additional criteria to be charged with the more serious first-degree offense.

New York Penal Code Section 125.13 spells out how any defendant who is determined to have had a blood alcohol content (BAC) of .18% when they caused another’s death may be charged with first-degree vehicular manslaughter.

Anyone who is suspected of having caused a fatal crash while driving on a suspended or revoked license whether in New York or another state may also face the more serious of the two charges, even if their revocation was caused by a motorist refusing to submit to chemical testing.

Any motorist that causes the death of more than one individual or has previously been convicted of certain traffic laws may also be charged with a first-degree offense. Drivers who cause the death of their child passenger 15 or younger may also be charged with vehicular manslaughter in the first degree.

Certain factors can lead to you facing aggravated criminal charges. These may carry with them increased fines and a longer prison term if you’re convicted of such a crime here in New York. An attorney can advise you of the potential penalties that you’re facing and advise you of defense strategies that you may want to employ in your case.

WEAPON FOCUS CAN IMPACT WHAT A WITNESS REMEMBERS
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, October 25, 2019.

Despite how often their testimonies are used in court, we do know that witnesses’ memories are often inaccurate. This sometimes means that those memories change over time or that people just were not able to form accurate memories as the event occurred, even if they think that they did so.

One reason that they may have an inaccurate memory of the event is a phenomenon known as the “weapon focus effect.” Researchers have known about this for a while, and it continues to have an impact on these cases. Essentially, it just means that witnesses to a crime that involves a weapon will often spend a disproportionate amount of time looking at the weapon itself. This can lead to problems with actually identifying the person holding that weapon.

When asked to pick the person out of a lineup, it’s easy for an outsider to assume that the witness could do it quickly. They were in the room. This person supposedly captured the attention of anyone else in that room. It’s a very memorable event. When they decide who the perpetrator was, the jury believes them.

The reality, though, is that a witness may spend just a fraction of the time looking at the perpetrator and making mental notes about their gender, age, skin color, identifying marks, height, weight, hair color, and all the rest. They’ll just come away with a very general sense of who the person was — a middle-aged white male, for example, rather than a 40-year-old white man with brown hair, a thin beard and tattoos on the backs of his arms. This can impact their ability to accurately identify the person later, and it leads to mistaken accusations by the people who should be best able to make those identifications.

If you’re facing serious charges and there are issues like this with the witness testimony, it’s crucial to understand your defense options.

WHAT ARE VEHICULAR ASSAULT OFFENSES IN NEW YORK?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Wednesday, September 11, 2019.

In New York, there are different penalties for different levels of vehicular assault. Today, we at the Law Office of Scott G. Cerbin, ESQ., PLLC, will take a look at how vehicular assault is categorized in the state and how a conviction may impact a driver.

There are three categories of vehicular assault as defined by the New York Penal Code. This includes aggravated vehicular assault, as well as vehicular assault in the first and second degree. Despite the fact that vehicular assault in the second degree is the least severe of all of these charges, it is still classified as a felony in the state. As a Class E felony, a conviction carries a maximum prison sentence of up to 4 years.

The more severe an offense is, the heavier these penalties become. This could mean facing higher fines, longer jail sentences, and potentially permanent repercussions. For example, your license could be suspended or even revoked, and you may be barred from any job involving commercial driving in the future. If you hit and injured anyone, the severity of your penalty can also change depending on how badly they were harmed by your actions.

Because of how complex it can be to deal with vehicular assault cases, it can be vital to seek the aid of an experienced attorney. If you are currently facing vehicular assault charges of any kind, know that it can severely impact your life moving forward. Having an attorney who is well-versed in vehicular assault or DUI cases can be invaluable.

WHAT DIFFERENTIATES VEHICULAR ASSAULT FROM HOMICIDE?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, July 5, 2019.

New York residents who end up involved in a deadly crash may face one of two charges: vehicular manslaughter, or vehicular homicide. Though these charges may sound the same initially, they are for different crimes and carry different penalties if you are convicted.

As Cornell Law School defines, vehicular homicide is considered the killing of a human being by the reckless operation of another vehicle. Generally speaking, it is easier to prove vehicular homicide over vehicular manslaughter because less proof of criminal intent is needed. However, vehicular homicide is still considered a second degree felony in many states, which carries a large prison sentence, a huge fine, and community service hours. First degree offenses are even more intensive and can include up to 30 years in jail.

Vehicular manslaughter is also a second degree felony in many cases. A major difference is that a person who is charged with DUI-related vehicular manslaughter will often be required to take classes or programs meant to help if you are struggling to recover from addiction or substance abuse. Manslaughter is also considered to be the harsher charge and will result in longer jail sentences and heftier fines if you are convicted.

Due to the different penalties related to these charges, it is important to understand which one you may be facing and why you will be facing it. Regardless, both charges are very severe. This is why you may benefit from the aid of an attorney well-versed in vehicular homicide cases who can help you represent yourself.

VEHICULAR ASSAULT CHARGES IN ALLEGED NEW YORK HIT AND RUN
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Monday, March 25, 2019.

So far in 2019, motor vehicles have caused the deaths of 21 pedestrians in New York City, which is more than the number of pedestrian fatalities caused by car accidents that had occurred by this time last year. One of the most recent of these fatal collisions occurred last Friday evening on Amsterdam Avenue in Harlem, where a hit-and-run driver allegedly crashed into a 26-year-old woman, who later died at the hospital. The driver, a 27-year-old man, now faces charges including operating a motor vehicle impaired by drugs, failure to report an accident, aggravated operation of a motor vehicle, vehicular manslaughter, driving without a license and vehicular assault.

Witnesses to the accident inside a nearby restaurant report hearing no sound of screeching tires that would have indicated that the driver tried to stop the vehicle or avoid the accident, reporting that only lights from the vehicle drew their attention to the scene where they saw the pedestrian lying on the ground following the collision. Allegedly, the driver was traveling south on Amsterdam Avenue at a high rate of speed as the pedestrian stepped off the curb at the intersection with West 141st Street. Reports indicate that the vehicle then struck her, pinning her between the vehicle and a nearby parked car, then sped off again. The driver allegedly then crashed into an SUV waiting at a stoplight after turning onto Hamilton Place. Authorities arrested him shortly thereafter. He had sustained injuries that required hospitalization, but it is unknown which collision, or both, caused his injuries, nor is it known whether he is still in the hospital or what his current condition may be.

The pedestrian received massive head and body injuries that required transportation to the hospital, where she died from her injuries. The accident may provide the impetus for the city to undertake a redesign of the street where the accident occurred that safety advocates have proposed for at least a year.

The alleged accident has already destroyed one young life and now has the potential to ruin another. Those charged with vehicular assault or related offenses may find it helpful to discuss the case with an attorney.

WHAT IS A VOLUNTARY MANSLAUGHTER CHARGE?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, March 15, 2019.

In New York, there are different charges that you could face if you are driving while under the influence and end up harming another person. Today, we will take a specific look at involuntary manslaughter, what it means, and how it differs from other charges.

FindLaw defines involuntary manslaughter as criminal recklessness or negligence that results in unintentional death. In other words, two main components need to be present for a death to be classified as involuntary manslaughter. First, the actions leading up to the death must have been negligent or reckless. Generally speaking, any DUI-related incident will automatically fall into this category due to the reckless nature of driving while under the influence of a substance.

The second part of the definition requires the examination of the driver’s intention. In many DUI-related incidents, the person did not set out with the intention of physically harming or killing another individual. There is no motive to do harm, and thus the harm that occurs is not intended. This differs from voluntary manslaughter, in which there is an intention to do harm. In some states, if involuntary manslaughter occurs in a vehicle, it has its own classification of vehicular manslaughter.

While involuntary manslaughter is considered a less severe crime than some other crimes related to the death of another individual, it is still incredibly serious. For this reason, many drivers facing these charges choose to have strong legal representation in court, as the outcome of a trial can impact your life for many years to come.

DON’T WALK AWAY FROM NEW YEAR’S EVE WITH A DUI
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Monday, December 24, 2018.

The holiday season can be a time of merriment for those in New York, especially if they plan on attending New Year’s Eve festivities in Times Square or watching the show on television at a party. At the Law Office Of Scott G. Cerbin, Esq., PLLC, we understand that for many, New Year’s Eve doesn’t always end as planned. You may wake up on New Year’s Day facing drunk driving charges.

There is a valid reason law enforcement is especially vigilant for drunk drivers during the holiday season. As the National Highway Traffic Safety Administration explains, drunk driving crashes increase during the week between Christmas and New Year’s Eve. Therefore, you can expect law enforcement to be present in Times Square and around the city to catch intoxicated drivers before someone gets hurt. Even if you waited to get sobered up before driving or your blood alcohol content was below the legal limit, you might find yourself with charges if an officer decides you were too intoxicated to be behind the wheel.

You and your friends might reduce your chances of getting a New Year’s DUI by taking the following precautions:

Decide before going out how much you plan to drink that night.
Have someone volunteer to be a designated driver or take a taxi or Uber home.
Consider having a party at home on New Year’s Eve instead of going out.
If you offer alcoholic beverages, offer some that are non-alcoholic as well.
As our page on DUI defense explains, a drunk driving charge can significantly impact your life. Experienced counsel is usually necessary if you find yourself facing charges.

IS IT DANGEROUS TO TAKE DRUGS BEFORE DRIVING?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC posted in vehicular assault or homicide on Friday, October 12, 2018.

You may be well aware of the dangers of drinking and driving in New York. However, you may not realize that taking drugs before you get behind the wheel is also dangerous.

Because you do not often hear stories about car crashes caused by drugs, you may think these incidents are not common. According to the National Institute on Drug Abuse, the most recent statistics suggest that drugs are involved in about 11 percent of fatal car accidents. However, it is difficult to understand the exact connection between drugs and collisions. One of the reasons for this is that sometimes people drink alcohol and take drugs before driving. Additionally, sometimes people already have a blood alcohol level higher than the legal limit and when this is the case, law enforcement does not always perform a drug test.

When you first think about drugged driving, you may think this involves drugs like cocaine. However, statistics indicate that only about 10 percent of drivers in fatal collisions used this substance. Instead, prescription medications are involved in most deadly accidents. Marijuana also plays a role in drugged driving crashes.

Taking drugs before driving is dangerous for many reasons. Different kinds of drugs typically affect a person’s brain in distinct ways. A person who takes methamphetamine or cocaine might become reckless behind the wheel. Marijuana sometimes causes people to be less coordinated and they may also experience delayed reactions. If a person takes a sedative, he or she may feel drowsy. Some people may think they will be able to drive safely if they only take a small dose of a drug before driving. However, people generally feel the effects of a drug even with small doses. Because of this, it is important for people to make sure they do not drive if they have drugs in their system.

This information is intended to educate. It should not be used in place of legal advice.

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