In Kansas, causing the death of another person while driving can lead to criminal charges and serious consequences. This article covers Kansas's vehicular homicide laws and the penalties you'll face for a conviction.
In Kansas, there are two types of driving-related killings: vehicular homicide and DUI-related vehicular manslaughter.
Kansas defines "vehicular homicide" (sometimes called "vehicular manslaughter") as the killing of another person while driving in a manner that creates an unreasonable risk to another person or the property of another person.
To be guilty of vehicular homicide, the motorist must have been driving in a way that shows a "material deviation" from the standard of care that a reasonable person would use. The prosecution also needs to prove that the bad driving was a legal cause of the death. It's not enough to merely show the defendant drove dangerously and someone died—there needs to be a significant link between the driving and the death.
A motorist who kills another person while operating a vehicle under the influence can be convicted of involuntary manslaughter.
The consequences of a vehicular homicide or manslaughter conviction depend on the circumstances. However, the possible penalties for each type of offense are described below.
Vehicular homicide is a class A person misdemeanor in Kansas. Convicted drivers face up to a year in jail and/or a maximum of $2,500 in fines. A vehicular homicide conviction also leads to a mandatory license revocation (or a restricted license) of up to a year.
A DUI-related involuntary manslaughter conviction is a level 4, person felony and generally carries 38 to 172 months in prison and up to $300,000 fines.
A vehicular homicide conviction can have serious consequences. If you've been arrested for vehicular homicide—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 course of action.