In order to be guilty of the crime of vehicular homicide, a person has to be driving a car or some other type of motor vehicle in such a reckless manner that it is likely that he or she will cause the death of, or great bodily harm to, another person.
There have been many cases in Florida where a driver was involved in an accident that resulted in someone else dying, yet the driver was found to be not guilty of vehicular homicide. For example:
1. In Luzardo versus the State of Florida, the driver was going 84 miles-per-hour in a 55 mile-per-hour zone.
2. In House versus the State of Florida, the driver was speeding in a stolen car.
3. In State of Florida versus Del Rio, the driver failed to see a woman pushing a baby stroller approximately 6 feet from the curb and 47 feet in front of the driver after the driver made a left turn at a T-intersection.
4. In Stracar versus the State of Florida, the driver drove her car into the opposite lane of traffic, she did not hit her brakes in order to avoid an accident, and she tested positive for alcohol, marijuana, and xanax.
5. In Berube versus the State of Florida, the driver stopped his car in the middle of the road, pulled into an intersection, and then tried to make a left-hand turn from the center lane in response to his passengers warning him about an approaching truck.
6. In State of Florida versus May, the driver, who was under the influence of strong medication, swerved across lanes of traffic and then off the road and into a yard.
7. In Miller versus the State of Florida, the driver was going 15 to 20 miles in excess of the posted speed limit, yet had control of his car and slowed down as he approached the intersection where the accident occurred.
8. In W.E.B. versus the State of Florida, the driver, a minor, had drunk some alcohol, was speeding, and drove off the road after over-correcting his turn.