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

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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.

Peter J. Weinman , Jonathan R. Ratchik 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

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