NRS § 484B.657 – “Vehicular Manslaughter” – Nevada Law

Under Nevada Revised Statutes § 484B.657, the crime of vehicular manslaughter occurs when a motorist “proximately causes the death of another person through an act or omission that constitutes simple negligence.”

Vehicular manslaughter is a misdemeanor in Nevada, carrying

1. up to six months in jail,
2. up to $1,000 in fines, and
3. a one-year driver’s license suspension.

“Simple negligence” is failing to act as a reasonable driver. It does not require maliciousness or intention to harm, just a momentary lapse in judgment that ends in tragedy.

Nevada’s penalties for causing serious car accidents are much steeper whenever drugs or alcohol are involved, as the following table shows:

In this article, our Las Vegas criminal defense lawyers answer frequently asked questions about vehicular manslaughter laws:

• 1. Examples
• 2. Penalties
• 3. Can a lawyer help?
• 4. Record Seals
• 5. Immigration Consequences
• 6. Is vehicular homicide different?
• Additional Resources

1. Examples

Vehicular manslaughter results from “driver negligence.”¹ Five examples of negligent behavior that may turn deadly are:

1. Daydreaming and forgetting to stop at a red light or stop sign;
2. Speeding slightly over the limit;
3. Driving without realizing your taillights are broken;
4. Driving while eating; or
5. Breaking too fast.

Most of the time, these negligent behaviors do not cause accidents: Drivers have close calls all the time with no consequences.

However, when a slip-up causes a fatal car wreck or pedestrian knockdown, you may face vehicular manslaughter charges.

Fatal Reckless Driving

Vehicular manslaughter is a less serious charge than reckless driving causing death (NRS 484B.653). Recklessness is a willful disregard for others’ safety. Examples include

• going twice the speed limit or
• plowing through a school zone.

Reckless driving is more blameworthy than negligent driving. That is why fatal reckless driving is prosecuted as a felony.² We always try to get fatal reckless driving charges reduced to vehicular manslaughter, which is only a misdemeanor.

2. Penalties

Vehicular manslaughter is generally prosecuted as a misdemeanor in Nevada. The potential sentencing includes:

• up to 6 months in jail and/or
• up to $1,000.

(It may be possible to do community service instead of paying the fine.)

The sentence may be doubled if the accident occurred in a work zone.³ Depending on the case, it is possible to avoid jail.⁴

Driver’s License Consequences

An NRS 484B.657 conviction also carries a one-year driver’s license suspension.⁵ However, you may be able to drive after six months on a restricted license.⁶

3. Can a lawyer help?

Yes. A criminal defense attorney would first investigate the case in search of all the available evidence that could show you were not at fault for the accident. Valuable evidence would include:

• Testimony from an accident reconstruction expert;
• Surveillance video from the time of the accident;
• Eyewitnesses;
• Weather reports;
• Car maintenance records;
• Road condition reports; and
• The drivers’ medical records.

Best Defenses

Depending on the evidence, six possible defenses to vehicular manslaughter include:

1. The victim was more at fault than you;
2. You had an unforeseeable medical episode that caused you to lose control at no fault of your own;
3. You were not in actual physical control of any vehicle at the time of the accident;
4. The car malfunctioned at no fault of your own;
5. A third party was at fault; or
6. Neither party was at fault, and the event was a blameless accident.

We would meet with the prosecutors to try to show them that their evidence is too weak to prove guilt beyond a reasonable doubt. If they see they cannot win, they may drop the criminal charges before the case can reach trial.

Even though vehicular manslaughter is only a misdemeanor, you are strongly advised to retain legal counsel to fight the charge. Having a conviction comes up on background checks, which could then hurt your future employment prospects.

4. Record Seals

NRS 484B.657 cases are sealable under Nevada law. Convictions can be sealed one year after the case ends.⁷ If the case gets dismissed, there is no waiting period to petition for a record seal.⁸

5. Immigration Consequences

Vehicular manslaughter does not qualify as:

• a crime of moral turpitude or
• an aggravated felony.

Therefore, it is probably not a deportable offense.

However, immigration law is in an uncertain state. The rules are constantly being rewritten. So non-citizens charged with any crime should consult with an attorney right away.

6. Is vehicular homicide different?

Yes. It is a separate and unrelated crime.

Vehicular homicide (NRS 484C.130) is a fatal DUI following three prior DUI convictions. It is a category A felony with a possible life sentence in state prison.

After a fatal car accident, the least serious crime the driver can face is vehicular manslaughter. The most serious is a vehicular homicide charge.

Learn more about Nevada DUI charges and felony DUI charges.

Additional Resources

For more information, refer to the following:

• Fatality Analysis Reporting System (FARS) – Nevada State Police Office of Traffic Safety.
• NHTSA Estimates for 2022 Show Roadway Fatalities Remain Flat After Two Years of Dramatic Increases – Analysis by National Highway Transportation Safety Administration (NHTSA).
• Accident Mortality by State – Provided by the Centers for Disease Control and Prevention (CDC).
• Car Accident Statistics for 2023 – Information compiled by Forbes.
• Fatal Car Crash Statistics 2023 – Information compiled by USA Today.

Legal References