The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
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Dude that’s now how any trial works. You cannot prove an accident is an accident. It’s the prosecutors job to prove that it wasn’t.
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Proving it was not intentional, and proving it was an accident, are two very different things.
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It was night, no?
It was 6:44am, and the sun rose at 7:08 am, so yes.
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Sun rose on 7:08 am on Dec 9
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Tell me what are the factual standards for nighttime and broad daylight, again?
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But do you know anyone who calls the time before sunrise broad daylight? I would call that dusk, wouldn’t you? And is 2 am nighttime or morning?
The max penalty for 2nd degree vehicular manslaughter is only 7 years. In theory he could be prosecuted for 1st degree or even aggravated, but those require DUI or multiple fatalities.
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Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
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There’s that word again… One might think it’s important…
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I think the point is that it’s a lot easier to “accidentally” hit someone with a car
Bingo.