An eighteen-year-old driver is speeding 30 mph in a 25 mph zone; a child runs into the street, is killed. Is this crime a misdemeanor or a felony? Why?

• A. Misdemeanor vehicular manslaughter; ordinary negligence
• B. Felony vehicular manslaughter; willful and wanton disregard for safety
• C. Reckless endangerment; no death
• D. No crime; traffic violation only

Answer: (A)

Your legal concept here is how different levels of negligence or recklessness determine whether a death caused by a vehicle leads to a misdemeanor or a felony charge. Vehicular manslaughter can be charged as a misdemeanor when the death results from ordinary negligence—a failure to exercise reasonable care. It becomes a felony when the conduct shows gross negligence or a willful and wanton disregard for safety.

In this case, the driver is only slightly over the speed limit, and there’s no indication of intent to harm or of a conscious disregard for life. That aligns with ordinary negligence rather than recklessness or gross negligence, so the appropriate charge is misdemeanor vehicular manslaughter. The other options don’t fit: there is a death, so it’s not just a traffic violation or a mere endangerment without death, and a felony would require a higher level of recklessness or disregard that isn’t shown here.