CanI be charged with vehicular manslaughter?

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CanI be charged with vehicular manslaughter?

It was a dui and the passenger got a broken nose that’s all. My insurance paid the hospital bill. But they say they are going to get me for manslaughter is this true. Can they do this??

Asked on April 3, 2009 under Accident Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, who is telling you this? Is there a police report/investigation/both? Have you been charged or have you been arrested for anything besides the DUI? Were you already charged with a DUI? If so, who is your attorney (private counsel or public defender)?  Without knowing your entire situation, you should review the statutes below and contact a criminal defense attorney after you have answered/obtained the above items I asked. 

39-13-106. Vehicular assault. —

 
 
 

   
 
 

(a)  A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-408, drug intoxication, or both.

 
 
 
   
 
 

(b)  A violation of this section is a Class D felony.

 
 
 
   
 
 

(c)  Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle in this state for a period of five (5) years.

 
 
 

[Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 14; 1999, ch. 368, § 1.]

   
 
 

39-13-212. Criminally negligent homicide. —

 
 
 

   
 
 

(a)  Criminally negligent conduct that results in death constitutes criminally negligent homicide.

 
 
 
   
 
 

(b)  Criminally negligent homicide is a Class E felony.

 
 
 

[Acts 1989, ch. 591, § 1; T.C.A., § 39-13-208; Acts 1990, ch. 1038, § 4.]


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