Vehicular Homicide and Florida Law
Negligent driving is far different than criminal driving in the eyes of the law. Careless driving subjects a person to civil liability, while criminal driving, which includes vehicular homicide, subjects a person to incarceration.
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.
Driving that Causes Vehicular Homicide Charges
These types of driving can get you charged with vehicular manslaughter:
Negligent Driving: Careless or reckless driving that lacks care can support a vehicular manslaughter charge. You can be charged with vehicular manslaughter if you were texting or took your eyes off the road.
Driving Under the Influence: Driving while under the influence of alcohol or drugs is a common way prosecutors can prove reckless driving took place. Defendants with a blood alcohol level of 0.08 or higher are presumed to be driving under the influence.
Drivers under the influence of prescribed drugs can also be charged with vehicular manslaughter if the driving causes a death.
Violating a Statute: If a driver violates a safety statute that results in a death, charges may be filed. The windshield must be kept clear, signs must be adhered to, and drivers must follow speed limits.
Driving While Sleepy: Many traffic accidents happen when drivers fall asleep at the wheel or doze off. Will vehicular manslaughter charges be faced? If a driver violates a safety statute that results in a death, charges may be filed. The windshield must be kept clear, signs must be adhered to, and drivers must follow speed limits.
Penalties for Vehicular Homicide
The crime of vehicular homicide is a second-degree felony in Florida and punishable by up to
Defenses to Vehicular Manslaughter
Common defenses include attempting to exclude DUI test results or that reckless driving was due to a medical condition, not being under the influence.
Defense Attorney West Palm Beach
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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