Vehicular Homicide
Unlike North Dakota law, there isn’t a stand-alone law devoted to vehicular homicide. Rather, the North Dakota Century Code groups vehicular homicide together with other injuries that could result from driving under the influence.
Vehicular Homicide in North Dakota
North Dakota law defines vehicular homicide under North Dakota Century Code 139-08-01.2. The statute is a subsection under crimes relating to operating a vehicle under the influence of drugs or alcohol.
North Dakota's DUI statute covers a broad range of prohibited conduct, including death and injuries caused by driving under the influence.
Other states may charge individuals with vehicular homicide for other forms of reckless driving. This includes texting while driving, drag racing, etc. The same is true in North Dakota, so if you cause a death from other forms of reckless driving, prosecutors might charge you with vehicular homicide.
Vehicular Homicide Penalties in North Dakota
If someone causes the death of another individual while driving under the influence, they could face a Class A felony punishable by a maximum penalty of 20 years in prison and a $20,000 fine.
Defending a vehicular Homicide Charge in North Dakota
Due to North Dakota’s implied consent laws, it is often difficult to fight criminal vehicular homicide charges. In other words, when an officer pulls you over, you must submit to a breath or blood test. In the eyes of the law, this test will more or less proves whether or not you were under the influence at the time of the incident.
Breathalyzer reliability
Although often taken as gospel by law enforcement, breathalyzer results can be, and often are, inaccurate. It has been proven that there is up to a 15% margin of error in breathalyzer tests. The only truly accurate way of testing someone’s blood alcohol levels is to do a blood test. This thus can be one of your best defenses.
A New York Times report found that judges in Massachusetts and New Jersey threw out more than 30,000 breath tests in 2019 alone. Across the country, thousands of other tests also have been invalidated in recent years.
For a breathalyzer machine to be accurate, it must be calibrated frequently. The same New York Time report found that machines that were not calibrated or were calibrated improperly yielded a result that was 40% higher than reality. Questioning the reliability of these tests is a common and useful defense.
Contact Us
Email: assistant@ringstromdekrey.com
Tel: 218-284-0484
730 Center Ave #202
Moorhead, MN 56560