Vehicular Homicide in Florida & DUI Manslaughter
What Is Vehicular Homicide and How Does DUI Affect It?
Vehicular homicide is a serious crime that combines two factors:
1. Your driving was reckless, not just negligent; and
2. A person died as a direct result of your reckless driving.
The difference between ‘reckless’ and ‘negligent’ is an important one. To be judged as ‘reckless’, it must be shown that you deliberately and knowingly drove in such a manner that could cause harm to property or life. You may have been driving negligently but not recklessly.
If you were impaired or drunk when you were driving over the speed limit, then this might then be regarded as reckless driving, as you should have known that being impaired or drunk while driving was illegal and not only that, dangerous, and could cause an accident.
Penalties for Vehicular Homicide
Vehicular homicide is a second-degree felony and has a maximum sentence of 15 years. You could also receive a fine of up to $10,000.
Defenses Against Vehicular Homicide
A good criminal defense attorney will carefully analyze all aspects of your alleged crime and may have one or more of the following options to use in your defense:
1. The evidence does not support the allegation that you were driving recklessly at the time of the accident. It must be shown by clear evidence that your driving was deliberately and intentionally dangerous.
2. If it was alleged that you were DUI when you were arrested, you may also be charged with DUI manslaughter. If your DUI manslaughter is dismissed, or no actioned, this may be the only evidence that you were driving recklessly. If you were merely speeding and your DUI related charge is dismissed, then the evidence for reckless driving may not be sufficient and the charge of vehicular homicide could itself then be dismissed. Your attorney will use all available legal methods to challenge the DUI or DUI manslaughter charges.
We Can Help Defend You!
If you have been arrested and charged with vehicular homicide, DUI Manslaughter or any other criminal offense, you are advised to seek a criminal defense attorney who has the drive and experience to represent you and seek to make sure you don’t get convicted for an offense you did not legally commit.
If you have been involved in a fatal accident, as with any serious criminal charge, the most important step is to hire an experienced Miami criminal defense attorney. Prosecutors in Florida have the burden of proof, not you.
You cannot be convicted of any criminal offense unless the evidence presented against you convinces a jury beyond a reasonable doubt.
If there is any doubt about the circumstances of your alleged actions, then a good attorney will be able to use that and get your charge dismissed or at least reduced to a lesser offense.
Count on Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, 305-644-1800. Schedule your free and non-obligatory defense strategy session today.
