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A Death Behind The Wheel

W. Va. Code § 17C-5-1 — vehicular homicide for reckless disregard, and aggravated for deliberate disregard

When a death follows within one year as the proximate result of injury from driving in reckless disregard for the safety of others, the driver commits vehicular homicide.

  • W. Va. Code § 17C-5-1
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The drivingThe penalty
The drivingReckless disregardThe penaltyA misdemeanor, a fine of not less than $1,000 nor more than $10,000, jail of not more than one year, or both
The drivingDeliberate disregardThe penaltyAggravated vehicular homicide, a fine of not more than $20,000, or not less than one nor more than five years, or both
  • W. Va. Code § 17C-5-1

A death caused while impaired is charged under the DUI section, which carries its own felony. A particular case is a question for a licensed West Virginia attorney.

  • W. Va. Code § 17C-5-1
Sources for this section (1)
  1. W. Va. Code § 17C-5-1 — Vehicular homicide; aggravated vehicular homicide

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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