Poughkeepsie, NY asked in Car Accidents for New York

Q: why is a driver who kills a pedestrian still not charged with any crime. The driver was totally distracted ran off the

Related Topics:
3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV

A: Charging of a crime is within the discretion of the District Attorney, ultimately, and, in the first instance, the police decide who to bring charges. If the police do not bring charges, others can file a request to the District Attorney.

Jonathan R. Ratchik , Peter J. Weinman and Tim Akpinar agree with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY
  • Licensed in New York

A: Drivers who kill pedestrians can be charged with crimes. It depends on the circumstances of the specific setting, and how the mental state of the driver is characterized by the District Attorney - recklessness, gross negligence, etc. Good luck

Peter J. Weinman and Jonathan R. Ratchik agree with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: As my colleagues have correctly advised, whether to charge someone with a crime for vehicular manslaughter is ultimately left to the sound discretion of the District Attorney's office. Generally speaking, unless there are aggravating circumstances that contributed to the incident, such as driving while intoxicated or under the influence of drugs, drag racing, etc., such charges are rarely brought in New York.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.