Aggravated Vehicular Homicide is the most serious of vehicular charges. A person is guilty of Aggravated vehicular homicide when he/she:

• Engages in reckless driving AND
• Commits the Crime of Vehicular Manslaughter in the Second Degree

One of the following aggravated elements is present and required to escalate Vehicular Manslaughter in the Second Degree to Aggravated Vehicular Homicide.

• Commits the crime while operating a motor vehicle with .18 blood alcohol OR
• Commits the crime while knowing or having reason to know that his/her license is suspended or received and such revocation or suspension is based on a conviction OR
• Based on a refusal to submit to a test designed to measure the blood alcohol content OR
• Has a previous conviction for violating any of the provisions of Vehicle and Traffic Law Section 1192 OR
• Causes the death of more than one person OR
• Has previously been convicted of Vehicular Manslaughter in the first or second degree, or aggravated Vehicular Manslaughter or an out-of-state charge that would constitute such crimes OR
• Commits this crime while operating a motor vehicle while a child who is 15 years of age or less a passenger in a motor vehicle and causes the death of such child.