Have You Been Charged With Vehicular Homicide?
Vehicular homicide is a crime that involves the death of a person other than the driver as a result of the criminally negligent operation of a motor vehicle. The victim may be a person who is not in the car with the offending driver, such as a pedestrian, a bystander, a cyclist, another driver, or a passenger in the vehicle with the offender.
Why Should I Contact a Criminal Defense Lawyer?
Vehicular homicide is the reckless or negligent killing of another through the use of a vehicle. Vehicular manslaughter 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 as a reasonable person under the circumstances, is sufficient to support a vehicular manslaughter charge. The negligence must be “criminal” or “gross” negligence, which is a higher standard than ordinary negligence. Gross negligence can 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 die each day as a result of impaired driving and more than one-fifth of drivers involved in fatal crashes have a blood alcohol content of .08. or higher. Driving under the influence (DUI) makes up a significant portion of vehicular homicide charges.
What Is The Legal Definition Of Vehicular Homicide?
According to Florida Statute 782.071, the crime of vehicular manslaughter is committed when a person causes the death of another person while operating a motor vehicle in a reckless manner that may cause death or great bodily harm. The degree of culpability required to sustain a vehicular manslaughter conviction is less than that required to prove involuntary manslaughter, but more than a simple failure to use ordinary care. The essential question is whether the person knowingly operated a vehicle in such a manner and under conditions that could cause death or great bodily harm.
What Are the Penalties for Vehicular Homicide?
The crime of vehicular manslaughter is a second-degree crime punishable by up to 15 years in prison and a $10,000 fine. Under the sentencing guidelines, absent a downward departure, a judge must sentence a person convicted of vehicular manslaughter 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 accident commits the crime of vehicular homicide without providing information or rendering aid. The crime of vehicular manslaughter 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, without reason for a downward departure, a judge must sentence a person convicted of vehicular manslaughter 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 statute legal. Maximum life sentence.