Can the driver who killed my brother be charged with vehicular manslaughter if we, the family, push for it?

UPDATED: Nov 14, 2016

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Can the driver who killed my brother be charged with vehicular manslaughter if we, the family, push for it?

My brother was killed by a drunk driver. He was the passenger in the vehicle the drunk driver was

driving. If the state isn’t charging her with more can we push for more? What can I do?

Asked on November 14, 2016 under Criminal Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can "push" in the sense of trying to convince or pressure the prosecutor's office to bring manslaughter charges--e.g. you can speak to your mayor, town council, state representative, etc. and see if someone will get the prosecutor to bring more or different charges--but at the end of the day, it is the prosecutor's decision: you can't bring charges yourself or force him to bring them if he refuses.
You can of course sue the driver for wrongful death, for monetary compensation. Speak to a personal injury attorney if you wish to explore this option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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