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Vehicular Manslaughter in Arizona | A.R.S. §13-1103

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Vehicular Manslaughter in Arizona | A.R.S. §13-1103

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

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DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 3,000 DUI/Vehicular Crime Dismissal and Reduction DUI Case Victories!!

Beware:  Any law firm or Attorney can have DM Cantor’s Phoenix Vehicular Manslaughter Attorney website information rewritten by Artificial Intelligence (AI), and then they can post it online as their own “knowledge base.”  But, they cannot falsely list our Jury Trial Complete Acquittals, or our Board Certifications, as their own.  Also, many attorneys claim that they “specialize” in criminal defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Vehicular Manslaughter Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Vehicular Manslaughter cases.

Every Major Felony Vehicular Manslaughter case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Vehicular Manslaughter Law Team in Arizona

How do you know who has the best Vehicular Manslaughter Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Vehicular Manslaughter in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Vehicular Manslaughter Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Vehicular Manslaughter Defense Team, DM Cantor.

David is a highly-skilled Vehicular ManslaughterDefense Lawyer who knows the Vehicular Manslaughter laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Vehicular Manslaughter Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Vehicular Manslaughter overview as to how the DM Cantor Phoenix Vehicular Manslaughter Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Vehicular Manslaughter. So whether you have a single Vehicular Manslaughter charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Vehicular Manslaughter Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Vehicular Manslaughter Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Vehicular Manslaughter charge.

What is Vehicular Manslaughter in Arizona?

In Arizona, per ARS 13-1103, “Vehicular Manslaughter” normally involves the killing of a human being with a vehicle (i.e. Vehicular Homicide) and one of the following elements present :

  1. recklessly causing the death of another, or, in very rare circumstances,
  2. intentionally or knowingly committing murder in the heat of passion or upon a sudden quarrel and resulting from adequate provocation by the victim.

Watch this short video where David explains Vehicular Manslaughter in Arizona:

Under Arizona Law, to “recklessly” cause the death of another, the person must have been aware of, and consciously disregarded, a substantial and unjustifiable risk that the result will occur or that the circumstances existed. The risks must be of such a nature and degree that disregard of such risks constitutes a “gross deviation” from the standard of conduct that a reasonable person would observe in the situation. Normally, a Prosecutor will charge someone with Vehicular Manslaughter if they were speeding far above the speed limit and/or if they were drunk or on drugs while driving.

The key elements in Phoenix to a successful defense against Vehicular Manslaughter cases or charges are proving that the above factors did not occur by attacking the reliability and accuracy of the speed and Blood Alcohol Content evidence presented by the prosecutor. Additionally, we must put forth our own evidence as to why the defendant’s actions did not cause a “substantial and unjustifiable risk” and was not a “gross deviation from the standard of conduct that a reasonable person would observe in the situation.”

Possible Punishment for Vehicular Manslaughter

If a Manslaughter or Vehicular Homicide occurs and there was no deadly weapon or Dangerous Instrument involved (i.e., if the Jury determines the car was not a Dangerous Instrument), then the crime is categorized as a class two (2) “non-Dangerous” Felony, which carries the following range of Punishments:

  • First offense penalties ranges from probation with zero (0) days in jail to 1 year in jail -or- prison from 3 years to 12.5 years.
  • If the person has one (1) allegeable historical prior conviction , then the “prison only” range of penalties is 4.5 years to 23.25 years in prison.
  • If the person has two (2) allegeable historical prior convictions , then the “prison only” range is 10.5 years to 35 years of incarceration.

If the Jury does determine there was a Dangerous Instrument (i.e., a car) or deadly weapon involved, the crime is categorized as a class two (2) “Dangerous” Felony and the range of punishment increases to the following:

  • A minimum of 7 years in prison; the presumptive is 10.5  years in prison; and the maximum is 21 years in prison.
  • The standard prosecution plea offer for a Manslaughter case is 10.5 to 12 years in prison!

Possible Defenses for Vehicular Manslaughter

The key to defending a vehicular Manslaughter charge as a Vehicular Manslaughter Attorney normally lays within a proper Accident Reconstruction. It will be important to show that, first and foremost, the accident was the other person’s fault, or at a minimum that it was not the defendant’s fault. A DM Cantor Vehicular Manslaughter Attorney would use an engineer to check the cars for any vehicle defects which may have contributed to the accident and would shift the blame away from the defendant.

In addition, it must be shown that the defendant was not “reckless” in his actions during the accident. The standard of “Recklessness” in Arizona, which is more serious than Criminal Negligence, is that the defendant was aware of and consciously disregarded a substantial and unjustifiable risk that the result would occur or that a dangerous circumstance existed.

As any skilled Vehicular Homicide Attorney knows, the risk must be of such a nature and degree that disregard of such risk constitutes a “gross deviation” from the standard of conduct that a reasonable person would observe in the situation. The key is demonstrating that the defendant did not ignore a “substantial and unjustifiable risk” by their driving because they were not acting unreasonably wild or dangerous. We would accomplish this by using a variety of investigative techniques and tools to challenge the state’s evidence.

If the prosecutor is claiming that speed was a factor in causing the accident, then we must show that the speed traveled by the defendant was not one that reasonable people would think was extremely dangerous to travel. Speeding does not become “criminal”, by statute, until it exceeds twenty-one (21) miles or more over the posted speed limit. If alcohol was a factor in contributing to the accident, then we must utilize all of the standard DUI defenses to show that breath / blood testing devices were inaccurate in their measurements.

Click Here for the Top 20 DUI Defenses

Additionally, because DM Cantor fights conviction from all angles, we would assert a wide range of defenses and constitutional violations that apply in all criminal cases and to all Vehicular Homicide Charges. The possibilities are numerous and diverse. One of those our Attorneys frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard.

Additional Defenses to Vehicular Manslaughter

If our DM Cantor Vehicular Manslaughter Attorney can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any Negligent Homicide evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised by our attorneys. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any Search Warrant, or whether there were any “forensic flaws” during the investigation of your case.

Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprint analysis; DNA testing; etc.

Lastly, one of the most common defenses for Vehicular Manslaughter is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups, and inaccurate crime scene reconstruction. It is important to hire a skilled Vehicular Manslaughter lawyer or DM Cantor Vehicular Manslaughter Attorney to defend you who has knowledge of all the possible criminal negligence defenses to assert in your case.

Click here… if you have not been charged with Vehicular Manslaughter yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Vehicular Manslaughter lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Vehicular Manslaughter Lawyers in Arizona know the system well.

The Collateral Consequences Of A Vehicular Manslaughter Conviction

The effects of a Vehicular Manslaughter conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Vehicular Manslaughter Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Vehicular Manslaughter, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Vehicular Manslaughter Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Vehicular Manslaughter Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Vehicular Manslaughter Defense Lawyers Hotline  at  602-307-0808 , or click here for a free consultation on any criminal cases. Our aggressive Vehicular Manslaughter Lawyers always offer free consultations for an initial visit with our Phoenix Vehicular Manslaughter Defense Attorneys. We are often considered to be the “best Vehicular Manslaughter Defense Lawyer”.

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