– by Tampa Criminal Defense Attorney, Daniel J. Fernandez
Have You or a Loved-One Been Accused of Vehicular Homicide?
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of criminally negligent operation of a motor vehicle. The victim may be either a person not in the car with the offending motorist, such as a pedestrian, bystander, cyclist, another motorist, or a passenger in the vehicle with the offender.
Why should I Contact a Criminal Defense Attorney?
Vehicular homicide is the reckless or negligent killing of another through the use of a vehicle. Vehicular homicide can be charged if any driver has acted recklessly or negligently. Negligence, which occurs when the driver fails to act with the same level of care that a reasonable person would under the circumstances, is sufficient to support a vehicular homicide charge. The negligence must be “criminal” or “gross” negligence, which is a higher standard than ordinary negligence. Gross negligence may include driving at excessively high speeds, driving on the wrong side of the road, or failing to obey traffic lights and signs.
Is Drunk Driving Criminal or Gross Negligence?
The National Highway Traffic Safety Administration reports that nearly 28 people are killed every day as a result of alcohol-impaired driving and over one-fifth of drivers involved in fatal crashes were reported to have a blood alcohol content of .08 or higher. Driving under the influence (DUI) constitutes a significant portion of Vehicular Homicide charges.
What Is The Legal Definition Of Vehicular Homicide?
Under Florida Statute 782.071, the crime of Vehicular Homicide is committed when a person causes the death of another person while operating a motor vehicle in a reckless manner likely to cause death or great bodily harm. The degree of culpability required to sustain a conviction for vehicular homicide is less than that necessary to prove manslaughter, but more than a mere failure to use ordinary care. The essential inquiry is whether the person knowingly drove a vehicle in such a manner and under such conditions as was likely to cause death or great bodily harm.
What Are The Penalties for Vehicular Homicide?
The crime of Vehicular Homicide is a second degree felony punishable by up to 15 years in prison and a $10,000 fine. Under the sentencing guidelines, absent grounds for a downward departure, a judge is required to sentence a person convicted of Vehicular Homicide to a minimum sentence of 9.25 years in prison, but may also sentence the person up to the statutory maximum of 15 years in prison.
A person who commits Vehicular Homicide and also leaves the scene of the crash commits the crime of Vehicular Homicide without providing information or rendering aid. The crime of Vehicular Homicide without providing information or rendering aid is a first degree felony punishable by up to 30 years in prison and a $10,000 fine. Under the sentencing guidelines, absent grounds for a downward departure, a judge is required to sentence a person convicted of Vehicular Homicide without providing information or rendering aid to a minimum sentence of 9.25 years in prison, but may also sentence the person up to the statutory maximum of life in prison.
Why Fernandez & Hernandez?
If you or a loved-one have been accused of Vehicular Homicide, the experienced Tampa criminal defense attorneys at Fernandez & Hernandez aggressively represent clients who have been arrested in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee County, Sarasota County, Pasco County, Hernando County, and throughout the State of Florida.
The attorneys at Fernandez & Hernandez are familiar with the procedures used by law enforcement agencies in Vehicular Homicide cases. Our attorneys can contact the investigating officer on your behalf and help you deal with the insurance company so that any claims are quickly and properly resolved. Our lawyers know and understand the policy and procedures used by Vehicular Homicide investigators. Once the police know that you are represented by Fernandez & Hernandez, they are not allowed to ask you any questions about the incident. If your vehicle has been towed to the impound lot or held for evidence, the Vehicular Homicide attorneys at Fernandez & Hernandez may be able to get the vehicle returned while still protecting your right to remain silent. The experienced Vehicular Homicide attorneys at Fernandez & Hernandez will protect your rights, help get you released on bond, and fight for you. The experienced trial attorneys at Fernandez & Hernandez may hire an accident reconstruction expert to explain your side of the story to the police or to a jury if necessary.
Tampa Criminal Defense Attorney Daniel J. Fernandez
Attorney Daniel J. Fernandez of Fernandez & Hernandez provides legal representation for individuals in criminal cases. Daniel J. Fernandez will get the best result at every stage of the case. If you or a loved-one have been accused of Vehicular Homicide, criminal defense attorney Daniel J. Fernandez can help guide you through the process.
Our Tampa Attorneys Daniel Fernandez and Martin Hernandez are bilingual. We recommend reading their reviews on Google Reviews, Avvo and Yelp.
Call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813 229 5353
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