Vehicular homicide is a crime that involves the death of a person caused by the criminally negligent operation of a motor vehicle. The victim may be either a passenger in the vehicle or a person not in the car, such as a pedestrian, bystander, cyclist, or another motorist.
Negligence is sufficient to support a vehicular homicide charge. The negligence must be ‘criminal’ or ‘gross’ negligence, which is a higher standard than ordinary negligence. For example, 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, like running a red light or stop sign.
Is Drunk Driving Criminal or Gross Negligence?
The National Highway Traffic Safety Administration reports that nearly 30 people are killed every day as a result of alcohol-impaired driving and over one-third 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 the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. 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?
Vehicular Homicide is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. Under the sentencing guidelines, a judge is required to sentence a person convicted of Vehicular Homicide to a minimum prison sentence and may sentence the person up to the statutory maximum of 15 years in prison.
Vehicular Homicide is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine if the person who commits the Vehicular Homicide leaves the scene of the crash without providing information or rendering aid. Under the sentencing guidelines, a judge is required to sentence a person convicted of leaving the scene of a Vehicular Homicide to a minimum prison sentence and may sentence the person up to the statutory maximum of 30 years in prison.
Why Should I Contact a Vehicular Homicide Defense Attorney?
If you or a loved one have been arrested for vehicular homicide and need help, it is critical that you get help from an experienced Vehicular Homicide defense attorney. Vehicular Homicide is complex and requires the help of someone with experience and knowledge. An experienced Vehicular Homicide attorney may be able to help you avoid a lengthy prison term.
Why Fernandez & Hernandez?
If you or someone you know needs help with a Vehicular Homicide case, Fernandez & Hernandez will guide you through the process and may be able to assist you in getting the outcome you deserve. If you or a loved one would like to learn more about Vehicular Homicide charges call Fernandez & Hernandez for a free consultation.
The criminal defense attorneys at Fernandez & Hernandez will work diligently to get your case resolved favorably. It is important to have the right lawyer to defend you.
The attorneys at Fernandez & Hernandez are bilingual and will provide a free and confidential consultation so that you can discuss your situation. Fernandez & Hernandez can help you understand all of your options and may be able to help you find a solution to your problem.
Tampa Criminal defense attorney Daniel J. Fernandez has experience with Vehicular Homicide cases and will work diligently to get your situation resolved. Attorney Daniel J. Fernandez can help guide you through the system. If you need assistance with a Vehicular Homicide case call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at (813) 229-5353.