nh personal injury attorney

Driver Charged with Negligent Homicide in Death of NH Motorcycle Passenger

NH Motor Vehicle AttorneyRecently, a forty-five-year-old woman motorcycle passenger from Claremont, New Hampshire, died when a vehicle turned into the path of the motorcycle. Charged with felony negligence in the operation of an automobile was an eighty-one-year-old Vermont driver.

What is Negligent Homicide?

Negligent homicide is the unintentional but careless killing of another human being. It can be either a misdemeanor or a felony, depending upon the circumstances.

The crime of “negligence in the operation of an automobile” in New Hampshire comes under the umbrella of “negligent homicide” and is always a felony.

New Hampshire Law

According to Ryan Russman, a New Hampshire motor vehicle lawyer specializing in criminal defense, “Title LXII of New Hampshire’s Criminal Code, Chapter 630, Section 630:3 states that a person found guilty of causing another person’s death due to negligent driving will automatically be charged with a Class B felony.”

“However”, he continued, “if the death resulted because the guilty party was intoxicated either by the use of drugs or alcohol and was driving a moving vehicle at the time (auto, boat, etc.), he or she will be charged with a Class A felony.”

Class A felony and Class B Felony Jail Time

According to Section 651:2, anyone convicted of a Class A felony can be sentenced to a jail term of up to 15 years. Those convicted of a Class B felony can be sentenced to a jail term of up to seven years.

New Hampshire Automobile Negligent Homicide Penalties

If convicted of negligent homicide due to careless and reckless driving, the Court can revoke the driver’s license of the guilty party for up to seven years.

However, if convicted of DWI/DUI and a death occurred because of it, the Court can revoke the driver’s license of the guilty party for at least seven years. Only then can the felon file a petition asking the Court’s permission to reapply for a driver’s license.

Depending on the circumstances, the Court may also order the installation of an ignition interlock device (as described in RSA 264-A: 36), which must remain operational in the vehicle for up to five years.

The guilty party can also be assessed fines.

New Hampshire Defense Lawyer for Negligent Homicide

Although negligent homicide is not an intentional crime, the guilty party can be severely punished. If you are facing criminal charges in New Hampshire because of negligence while operating a motor vehicle, it is very important that you consult with an experienced New Hampshire criminal defense lawyer, who will fight to get your charges dropped or your sentence and fines reduced.

It is always heartbreaking to live with the knowledge that you killed someone unintentionally, but your New Hampshire lawyer will do everything possible to help you.

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nh personal injury attorney

Are you a victim of a hit-and-run accident?

nh hit and run personal injury attorney

Leaving the scene of an accident, aka hit-and-run accidents, is illegal in every state of the union and yet it continues to occur all too frequently. Statistics have shown that most hit-and-run accidents are the result of the offending driver being intoxicated citing their fear of being charged with DUI.

Just recently, a Newport, New Hampshire man was seriously injured in a hit-and-run accident when crossing the street in the middle of the cross walk. The driver fled the scene but turned himself into the police twenty minutes later because of a guilty conscience. He admitted he had six drinks at a local restaurant before going to work.

What kinds of hit-and-run accidents are there?

Hit-and-run accidents all have one thing in common – the wrongdoer leaves the scene of the accident to escape responsibility. Shoppers sometimes come out of a store only to find their car has been hit by some unknown person. The worst accidents, of course, are those involving bodily injury. Hit-and-run accidents have occurred to animals, pedestrians, motorcycle riders, car and truck drivers, bicyclers, and worst of all, children.

What are the penalties for hit-and-run drivers in New Hampshire?

There are very specific hit-and-run laws in New Hampshire regarding what is to be done when an accident occurs. New Hampshire Statute 264:25 clearly states that people involved in an accident must stop their vehicle and give the injured party their name, address, driver’s license number, registration number of the vehicle and the name and address of each occupant in the tortfeasor’s vehicle. If a police officer arriving at the scene writes an accident report, the need for the above is negated.

Any person failing to obey this law and who leaves the scene of an accident and is eventually apprehended will face hit and run charges of a misdemeanor or a felony, depending upon the circumstances, and can incur fines, probation or prison time.

Further consequences for the hit-and-run driver

In addition to the above-described penalties, a convicted hit-and-run driver is responsible for paying all of the victim’s medical expenses, lost wage, property damage and pain and suffering.

Depending upon the severity of the accident, and whether or not the driver is a repeat offender, his or her driver’s license can be suspended or revoked. The offending driver’s insurance company may increase premiums or drop coverage altogether.

Hit-and-run attorney

If you, a family member or friend has been injured in a hit-and-run accident, you should immediately contact a personal injury law firm. A personal injury attorney can assist law enforcement officials in apprehending the hit-and-run driver and deal directly with the insurance companies so you won’t have to.

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