Can the driver who killed my brother be charged with vehicular manslaughter if we, the family, push for it?

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Can the driver who killed my brother be charged with vehicular manslaughter if we, the family, push for it?

My brother was killed by a drunk driver. He was the passenger in the vehicle the drunk driver was

driving. If the state isn’t charging her with more can we push for more? What can I do?

Asked on November 14, 2016 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can "push" in the sense of trying to convince or pressure the prosecutor's office to bring manslaughter charges--e.g. you can speak to your mayor, town council, state representative, etc. and see if someone will get the prosecutor to bring more or different charges--but at the end of the day, it is the prosecutor's decision: you can't bring charges yourself or force him to bring them if he refuses.
You can of course sue the driver for wrongful death, for monetary compensation. Speak to a personal injury attorney if you wish to explore this option.


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