Criminal Defense Lawyer Explains Vehicular Homicide

Any type of conveyance can be considered a weapon if its operator caused the death of another through gross negligence. This negligence may involve driving while intoxicated, speeding, or reckless driving. The prosecution (the State) can file a vehicular manslaughter charge if a human being dies as a result of such negligence. A criminal defense lawyer can help you protect his rights if he is accused of a crime.

types and consequences

Many states separate this crime into two distinct categories: DUI manslaughter and vehicular manslaughter. Generally speaking, the former is more serious because it involves a substance known to impair the senses. As a result, charges can vary in severity based on the level of intoxication of the driver at the time of the accident. If, for example, the driver is tested and his blood alcohol level was above the legal limit of .08 percent, he may face a mandatory prison sentence.

Whether it is speeding or reckless and distracted driving, a person charged with vehicular manslaughter is actually being charged with negligence. Depending on the state, a driver could face fines or possible jail time if he is found guilty. In fact, some states treat drivers the same whether alcohol is involved or not. For example, Florida does not make a distinction between DUI manslaughter and vehicular manslaughter (a charge that does not involve alcohol). Both are second degree felonies in the Sunshine State. Motorists convicted of either offense will face a $10,000 fine and/or 15 years in state prison.

Regardless of the laws in your state, an experienced criminal defense attorney will help you protect your rights in court. In addition to representing him, he can create a plausible defense strategy to explain and defend his actions.

possible defenses

Although the potential penalties are the same in some states, a vehicular manslaughter charge is much more difficult to prove than a DUI manslaughter charge. If a police officer found that the defendant was legally intoxicated at the scene of the accident, he could have an uphill battle in court. But proving that a driver was grossly negligent while completely sober is difficult. In most cases, witness testimony is the deciding factor. And since witness testimony is notoriously unreliable, a good criminal defense attorney can create reasonable doubt where no actual evidence exists.

Conclusion

If you have been charged with vehicular manslaughter, you should seek legal advice as soon as possible. Even if he was not under the influence of alcohol, the charges and possible penalties could be the same. An experienced team of defense attorneys can help. They will talk to witnesses, interview police officers and find out what really happened. Only then will they begin to prepare a solid defense strategy.