In Wyoming, causing the death of another person while behind the wheel can lead to serious criminal charges. This article covers Wyoming's "homicide-by-vehicle" (vehicular homicide) laws and the penalties you'll face for a conviction.
In Wyoming, a motorist who causes the death of another person while driving in a criminally negligent manner can be charged with "homicide by vehicle." Wyoming also has a more serious charge called "aggravated homicide by vehicle" that applies to drivers who kill another person while driving recklessly or in violation of the state's DUI (driving under the influence) or BWI (boating while intoxicated) laws.
For purposes of Wyoming's homicide by vehicle law, a motorist acts negligently by unknowingly doing something that poses a "substantial and unjustifiable risk" to others. The risk—in regard to nature and degree—must amount to a gross deviation from the standard of care that a reasonable person would use under like circumstances.
As with negligence, recklessness involves acting in a way that poses a substantial and unjustifiable risk to others. However—unlike with negligence—recklessness requires proof that the person was aware of but disregarded such a risk.
A driver can be convicted of homicide by vehicular only if there's proof that the driver was a legal cause of the death. It's not enough to merely show the defendant drove negligently, recklessly, or while under the influence and someone died—there needs to be a direct link between the defendant's driving and the death.
For purposes of Wyoming's vehicular homicide law, "under the influence" means the motorist:
In other words, "under the influence" means having an excessive BAC or being actually impaired.
The consequences of a homicide by vehicle conviction depend on the circumstances. However, the possible penalties are:
All homicide by vehicle convictions result in a one-year license revocation.
Homicide by vehicle is a serious crime that can result in a long prison sentence. If you've been arrested for homicide by vehicle—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.