Vehicular Manslaughter, When Intention Is Everything

Find out exactly what vehicular homicide is in New Jersey, and what the possible outcomes might be.

Vehicular Manslaughter, When Intention Is Everything

Legal landscape note: This article was originally published in 2018 and was reviewed and updated for republication in July 2026. New Jersey law changes frequently.

An accident has taken a life, and investigators now believe your driving was reckless. In New Jersey, that allegation can lead to a vehicular homicide charge under N.J.S.A. 2C:11-5, commonly called vehicular manslaughter, even when no one claims that you intended to kill anyone. The case turns on what happened before the collision and whether the evidence shows a conscious disregard of a substantial risk.

You may be wondering what exactly the charge means. The 'vehicular' part is easy enough to understand, it's when a vehicle has been involved in the death. It doesn't matter whether the person killed was inside the vehicle or outside, only that a vehicle was the primary means of death.

Manslaughter, like so many things, is a lot more complicated. Even though an unintentional death is not considered in the eyes of the law as serious as one that's been planned it's still taken very seriously. Regardless of intent, someone has died as a direct result of someone's actions and the state believes that someone should be punished for that loss.

Much like with nearly all other facets of the criminal justice system, there will be many different nuances to each case depending on the specific circumstances. Questions will be asked about whether or not alcohol or drugs were involved and how fast the driver had been going. During the course of the investigation the authorities will be looking to create a detailed picture of the event that unexpectedly ended someone's life.

Vehicular homicide is ordinarily a second-degree crime carrying 5 to 10 years in prison and fines up to $150,000, and the No Early Release Act requires 85% of any sentence to be served before parole eligibility. It becomes a first-degree crime (10 to 20 years) if committed while intoxicated in a school zone. New Jersey also has a separate offense of strict liability vehicular homicide (N.J.S.A. 2C:11-5.3, 'Ralph and Lauren's Law'), a third-degree crime that applies when an intoxicated driver causes a death -- even without proof of reckless driving. However that's not where the troubles will end as the person killed may have family or others that can seek out additionally damages for the death. This charge may effectively ruin your life, leaving you with a serious criminal record and owing hundreds of thousands of dollars.

Reviewed by

Britt J. Simon, Esq.

Managing Partner

Simon Law Group, LLC

Reviewed July 5, 2026

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