Nope. In New York, the law for vehicular manslaugher/homicide only applies where DUI is involved. Perhaps you are thinking of regular homicide/manslaughter, but those require proving intent – which as previously stated is hard to do where an automobile is involved.
From a NY attorney’s site:
A vehicle is considered a “deadly weapon” according to New York law, especially if you use it to intentionally strike a pedestrian. As a result, you might face much more serious charges than assault if you try to hit someone with your car. Theoretically, you could be charged with attempted murder. You might also face charges of assault with a deadly weapon – especially if you strike and injure the intended target.
So again, if he had used a car, the charges would remain the same. It would be murder.
Stop moving the goalposts. Cars have nothing to do with this.
especially if you use it to intentionally strike a pedestrian
There’s that word again… One might think it’s important…
