Just last week, a motorist with twice the legal limit of alcohol in his system fatally hit a Lyft driver when he failed to stop at a red light in Queens. Nearby surveillance video shows that the drunk driver hit the Lyft driver so hard that the force of the impact sent the Lyft vehicle and its driver through a nearby brick wall. The driver was pronounced dead at the hospital. The other driver fled the scene but later returned.
Erik Chimborazo told officers that he only had three beers before he fatally T-boned Mohammed Hossain in the early morning hours of Sunday, June 13th. He tested double the legal limit a full two hours after the crash, suggesting that he was far drunker when the crash took place. Chimborazo was also uninsured and driving without the proper license plates.
New York Takes Drunk Driving Seriously
Each year, New York laws get stricter when it comes to drunk driving. Even for a first offence, a drunk driving charge can put the driver behind bars. In the case of the above accident, the driver was charged with a DWI, vehicular manslaughter, and driving
without a license and insurance. New York’s vehicular manslaughter laws have three degrees of severity.
● Second-degree vehicular manslaughter is when the driver is found intoxicated and, as a result of that intoxication, they caused the death of another individual.
● First-degree vehicular manslaughter is when the driver has a blood alcohol concentration of .18%, was driving on a suspended license for DWI or refused testing, has a prior DWI conviction in the past 10 years, caused the death of more than one person, or caused the death of a person under 15 years of age.
● Aggravated vehicular manslaughter is when the driver was engaged in reckless driving in addition to all the requirements of first-degree vehicular manslaughter.
It is not immediately clear what level of vehicular manslaughter Chimborazo has been charged with, but what is clear is that he faces serious penalties for his actions. In New York, penalties for vehicular manslaughter will vary depending on the circumstances
that come to light, but his potential penalties are serious.
● For a second-degree charge, it is considered a class D felony and he could face up to seven years in prison and $5,000 in fines.
● A first-degree conviction, as a class C felony, can result in 15 years in prison and up to $5,000 in fines.
● For an aggravated vehicular manslaughter conviction, as a class B felony, he may be facing up to 25 years in prison and a fine of up to $5,000. None of these scenarios is a good one for someone convicted of vehicular manslaughter.
The Quality of Your Legal Defense
For those who face DWI and vehicular manslaughter charges, having the most skilled legal defence is critical. At Bukh Law, we ensure the best possible legal defence and results for your situation, from a possible reduction in charges or a plea bargain to a possible not guilty verdict. After a serious DWI or vehicular manslaughter charge, the quality of your defence may make all the difference in your freedom. Contact the New York criminal defence lawyers at Bukh Law to understand your options under the law.
