The penalties vary depending upon many factors.
1. If the person is a resident alien, they may be deported:
' Vehicular homicide, ...
The INS then initiated deportation proceedings, alleging that the convictions made him removable as an "aggravated felon" under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
2. 48 States have Homicide by Vehicle while intoxicated as a Felony.
Penn does not, along with ->>
States WITHOUT Felony DUI (5)
Click on the state to find other laws for that state.
Colorado
Guam
Nation
Pennsylvania
Puerto Rico
[Gee, when did Guam, Nation and Puerto Rico become states]
3. . Twenty-seven States treat the killing of an unborn child as a form of homicide
Pennsylvania 18 Pa. Cons. Stat. Ann. § 2606
This is a bit wordy, I'll delete it after you copy it, if you need.
" Vehicular Homicide Definition
According to Black's Law Dictionary vehicular homicide is "the killing of a human being by the operation of a motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances." Both intentional conduct and negligence may be the basis for such a charge though statutes vary from state to state as to the elements of the crime.
Criminal homicide can consist of murder, manslaughter, or negligent homicide. The only difference between a vehicular homicide and any other homicide is the use of the motor vehicle as the weapon. This does not change any of the elements necessary for murder to be proven. Courts have held that a motor vehicle can be used as a weapon if it is not used for the purpose they are intended, namely transporting people from one place to another.
Elements of Homicide
Homicide requires a killing that is intentional and has been committed purposefully and knowingly or is committed recklessly under circumstances manifesting extreme indifference to the value of human life. This is known as mens reas or guilty intent. DUI/DWI vehicular homicides usually fall into the latter culpable category as most drunk drivers do not mean to kill but make the choice to drive intoxicated thus recklessly giving "indifference to human life."
Elements of Vehicular Homicide
Vehicular homicides are usually found in two basic forms. The most common adopts the negligent or reckless mental state from criminally negligent homicides statutes. Many legislatures have added impairment and the operation of a motor vehicle as additional elements. The other form is strict liability offenses, which eliminate the requirement that the prosecution prove what the defendant's mental state was. The result of either type of these statutes is that two new forms of homicide are added to the state's different levels of homicide laws.
Vehicular homicide statutes remedy the problem of a prosecutor having to prove that the vehicle is a deadly weapon. That is accomplished statutorily. Instead a prosecutor must prove beyond a reasonable doubt several aspects of the case including:
If the defendant was impaired:
Does the defendant have any prior DUI/DWI convictions?
Has the defendant ever caused an injury crash while driving under the influence of alcohol or drugs?
How many people were killed?
What were the circumstances surrounding the homicide(s)?
What were the defendant's actions several hours before, immediately before the crash and immediately following the crash?
What is the defendant's character while unimpaired?
What kind of driver is the defendant when unimpaired?
Other things that the prosecutor must take into account are the defendant's remorse, if any; community outrage; the restitution and closure for the victim's family; and how heinous the facts of the crime are.
The jury in vehicular homicide case is charged with answering three questions:
Was the defendant operating a motor vehicle on a public roadway while impaired by alcohol or drugs?
Was the defendant's impairment the proximate cause of the victim's death?
Was the defendant otherwise negligent or reckless in the operation of the vehicle beyond his being impaired?
If the jury answers in the affirmative to these questions, then the defendant will more than likely be found guilty. Then the prosecutor must decide what outcome will punish the crime but also help the defendant's addiction and ask the Court to impose the proper sentence.
Conclusion
Felony DUI/DWI statutes and vehicular homicide statutes vary greatly both in the facts necessary to give rise to specific violations as well as the penalties imposed if such statutes are in fact violated. Each state must strive to have legislation passed that creates the strictest penalties in order to make the punishment match the crime.
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PENNSYLVANIA CONSOLIDATED STATUTES Quote:
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Vehicular Homicide While DUI. ... Pennsylvania law calls for mandatory incarceration and driver's license suspension
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Pennsylvania Report: Officials Detail: 46 - ... Penalties to Increase for Drivers Convicted of Vehicular Homicide