Vehicular Homicide and Measure 11 traffic crimes are serious charges in Oregon. We can help drivers accused of vehicular homicide, vehicular manslaughter, assault with a motor vehicle, hit and run, reckless driving, and reckless endangering. Often, these charges stem from a DUI case.
Oregon Vehicular Homicide
As odd as it sounds, motor vehicles can be defined as “dangerous weapons” and even “deadly weapons” in Oregon, depending on how they are used. Criminal charges can arise from traffic accidents and crashes based on intentional conduct, knowing conduct, and reckless conduct.
If a person is killed during a traffic accident, the police will investigate the cause. In serious vehicle crashes, the Oregon State Police Collision Reconstruction Unit may investigate. They may even make an arrest. Prosecutors will later receive reports from the investigation, and may believe that charges are warranted. If the death from the accident was based on intentional conduct (e.g. someone purposely striking a pedestrian or bicyclist during, or purposelessly running into another car because of road rage), murder charges are possible. If the death from the accident appears to be due to reckless conduct, the prosecution may charge Manslaughter in the First Degree, Manslaughter in the Second Degree, or Criminally Negligent Homicide.
Reckless Conduct vs. Criminally Negligent Conduct
Manslaughter in the 1st Degree requires that the driver act recklessly with an extreme indifference to human life. Manslaughter in the 2nd Degree requires only reckless conduct, and a resulting death. Criminally Negligent Homicide requires only negligence, and a resulting death. These different mental states are defined by ORS 161.085(9) and (10):
“Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
“Criminal negligence” or “criminally negligent,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross
Extreme Indifference to the Value of Human Life in Oregon
Unfortunately, the phrase “under circumstances manifesting extreme indifference to the value of human life” has not been defined by statute. However, the Oregon Supreme Court has discussed and analyzed the definition for extreme indifference to the value of human life in some of their legal opinions. For example, in State v. Boone, 294 Or 630 (1983), the Court discussed how other states have attempted to define extreme indifference to the value of human life. The Court also looked to the Model Penal Code for guidance. The Court said:
The Oregon Criminal Code defines four culpable mental states: intentional, knowing, reckless and criminally negligent. ORS 161.085(7)-(10). These statutes define neither extreme indifference to the value of human life nor the circumstances which may manifest such indifference. In the absence of a definition we determine the extreme indifference language does not create an additional culpable mental state. The language does, however, require more than recklessness. We conclude that the jury must find not only recklessness but also conduct which in addition to recklessness, manifests extreme indifference to the value of human life on the part of this defendant, as may be inferred from his conduct at the time of the event… The terms “depraved mind” and “implied malice” are of historical significance because, as in Oregon, they were often forerunners of the modern term “extreme indifference.”
Ultimately, the Court did not define the phrase specifically, and held that it would instead be appropriate for a judge or jury to decide the definition on a case-by-case basis. The Court held that extreme indifference to the value of human life is something greater than reckless conduct, but something less than intentional, or willful and knowing conduct.
Penalties and Consequences for Oregon Vehicular Homicide
The Oregon Legislature has made criminal traffic fatalities quite serious. Manslaughter I and II are both felonies in Oregon, and they are both Measure 11 crimes. Meaning, both of these crimes are subject to years of mandatory prison time. Criminally Negligent Homicide is a felony, but not an M11 crime. Therefore, jail time or prison time is determined by the Oregon Felony Sentencing Guidelines— including use of mitigating and aggravating factors. Because Oregon vehicular homicide often stem from high-speeds, racing, or DUI, there is also a lengthy driver’s license suspension or even a lifetime driver’s licence revocation.
Oregon Vehicular Homicide Attorney
Felony traffic crimes are serious matters, and the defenses are often complex. They require very technical knowledge, and experience and familiarity with Oregon’s criminal code and vehicle code.
Successful criminal defense attorneys make use of traffic safety experts, accident reconstructionists, engineers, medical experts, and other expert witnesses to have changes dismissed outright, to reduce criminal liability and receive better plea bargains, or to receive “not guilty” verdicts at trial.
Much of the investigation and many of the decisions that need to be made in these cases need to be made quickly. Don’t delay. If you or someone you care about is under investigation or has been charged with vehicular homicide in Oregon, contact our office today.