|
Madison WI Vehicular Homicide
Attorney Lawyer
940.09. Homicide by
intoxicated use of vehicle or firearm
(1)
Any person who does any of the following may be penalized as
provided in sub. (1c):
(a)
Causes the death of another by the operation or handling of a
vehicle while under the influence of an intoxicant.
(am)
Causes the death of another by the operation or handling of a
vehicle while the person has a detectable amount of a restricted
controlled substance in his or her blood.
(b)
Causes the death of another by the operation or handling of a
vehicle while the person has a prohibited alcohol concentration, as
defined in s. 340.01(46m).
(bm)
Causes the death of another by the operation of a commercial motor
vehicle while the person has an alcohol concentration of 0.04 or
more but less than 0.08.
(c)
Causes the death of an unborn child by the operation or handling of
a vehicle while under the influence of an intoxicant.
(cm)
Causes the death of an unborn child by the operation or handling of
a vehicle while the person has a detectable amount of a restricted
controlled substance in his or her blood.
(d)
Causes the death of an unborn child by the operation or handling of
a vehicle while the person has a prohibited alcohol concentration,
as defined in s. 340.01 (46m).
(e)
Causes the death of an unborn child by the operation of a commercial
motor vehicle while the person has an alcohol concentration of 0.04
or more but less than 0.08.
(1c)(a) Except as provided in par. (b), a person who violates sub.
(1) is guilty of a Class D felony.
(b) A
person who violates sub. (1) is guilty of a Class C felony if the
person has one or more prior convictions, suspensions, or
revocations, as counted under s. 343.307(2).
940.10. Homicide by
negligent operation of vehicle
(1)
Whoever causes the death of another human being by the negligent
operation or handling of a vehicle is guilty of a Class G felony.
(2)
Whoever causes the death of an unborn child by the negligent
operation or handling of a vehicle is guilty of a Class G felony.
|
