New York Penal Law § 125.14 covers the crime of aggravated vehicular homicide. The crime of aggravated vehicular homicide is committed if a person is driving recklessly and causes the death of another person and the driver committed other violations. These violations include a BAC of at least .18%, a DUI conviction within 10 years in New York or another state, you caused the death of one or more persons, a child under the age of 15 was killed, or the person has a previous conviction for vehicular manslaughter. The charge is a class B felony and carries a sentence of up to 25 years in prison.
My Twin Tiers reports that a driver involved in a quadruple fatal crash has turned himself in and is facing numerous charges.
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According to Steuben County Sheriff Jim Allard, Dustin Drake has been charged with felony DWI and two counts of aggravated vehicular manslaughter. The manslaughter charges come with two sub sections. The first is because Drake has been charged with a DWI in the previous 10 years. The second is because there were multiple fatalities.
The charges stem from an October 12th accident that occurred at around 1:00 a.m. Drake was driving a vehicle and crashed into a tree. Adam Bellamy, Coy Miner, Nikki Wise, and Korbie Higgins died in the accident.
Drake was the sole survivor of the accident. He suffered from a broken arm and a broken leg. He was treated at Strong Memorial Hospital.
Miner’s aunt, Rhonda Clark, says that some, and possibly, all the victims were at Maloney’s Pub prior to the accident.
Drake was processed on the charges and released. The Sheriff’s Office did not deem him to be a flight risk.