Today’s society is dragging us into a whirlwind. Everything has to be done quickly, and the main goal is to save time. However, being in a hurry has already cost the lives of many people. For the sake of hurrying, people have got behind the wheel in reckless and negligent driving, resulting in death.
Indeed, we are led to believe that increasing our speed will give us more time to do other things. But, at what cost?
We must now understand that there are different levels related to this offense. There may be charges of dangerous driving, causing bodily harm punishable by up to 5 years imprisonment.
Also, there is a fine ranging from 1000$ to 5000$. Causing death caused by dangerous driving is punishable by up to 14 years imprisonment, similar to 3rd-degree murder. Know about 3rd-degree murder here.
In this article, we will specifically analyze the offense of dangerous driving, causing death. The criteria for determining your guilt on dangerous driving causing death charges are as follows:
First of all, the prosecution will try to convince the judge that it is indeed a crime. It means the prosecution will prove that the guilty party was driving recklessly. He wasn’t paying attention to the road condition, the weather, or even the density of traffic.
Thus, with the help of the evidence and the various witnesses, the action will be established.
In cases of dangerous driving causing death or injury, the judge must not consider the consequences of such conduct. Thus, he should only consider whether he is convinced that the driving was dangerous or not.
Once the first element is completed, you need to prove the accused was also guilty of committing this offense. This means that the judge will have to try to understand the accused’s true state of mind.
It means that a driver can commit the crime of homicide when he causes the death of a person:
When the driver knows the facts constituting the criminal offense and voluntarily and deliberately wants to carry it out. The conduct will also be malicious when the realization of the criminal offense has been foreseen as probable.
It occurs when the driver fails to perform his duty of care and should have foreseen because it was foreseeable. He could have stopped the consequences if he wanted. It occurs in three cases:
Lack of ability or dexterity necessary to perform the task of driving.
It is the irregularity committed by the driver. He knew the rules and procedures that are convenient for the performance of his activity. But yet neglect that due to-
He omits to carry them out, causing unfavorable results in the physical integrity of the victim. (Flat tires, lack of pre-operational check, brake deficiency, etc.)
It is defined as the lack of attention, care, and diligence that the driver must have when driving. Most probably, he was driving without worrying about the dangers he may incur. (Excess speed, dangerous maneuvers, overtaking in curves, passing traffic lights in red, etc.).
The conduct is pre-intentional when its result, being foreseeable, exceeds the intention of the vehicle operator. (It can occur when a driver being aware of his actions, abruptly closes another vehicle. And after a bad calculation ends up colliding, with fatal consequences).
In addition to these criteria, mitigating factors will also be taken into account by the court. These mitigating factors are
These elements may favor a less severe sentence.
However, it must be taken into account that aggravating factors can increase the sentence. This is seen in case if the person
It is also essential to know that the legislator and the courts will be tough on crime behind the wheel.
In fact, for several years, the penalties related to these offenses have increased. Thus, when an accused is found guilty of dangerous driving, the courts exercise severity.
As already mentioned, the maximum prison sentence for such a charge is 14 years. All in all, it should be remembered that the offense of dangerous driving causing death is a serious crime. No amount of jail time can bring the victim’s life back.
When deciding the cause of death by a road accident, it is important to know about 3rd-degree murders. Because, in most cases, reckless and negligent driving resulting in death is an unintentional homicide. But no matter what, it is a crime and must be directed by an experienced lawyer.