When an allegation of reckless driving caused or contributed to the death of another person, the criminal offense can be charged as Vehicular Homicide. Even harsher penalties can apply if it is alleged that the driver left the scene of the accident after the reckless driving occurred.
The State Attorney's Office in the Second Judicial Circuit for Tallahassee and Leon County, Florida, relies heavily on the wishes of the victim's family in these cases. Obtaining qualified representation early in the case is critical because favorable evidence may not be adequately preserved by law enforcement during the traffic homicide investigation.
Tallahassee Vehicular Homicide Defense Attorney
If you or a loved one was involved in a car crash that resulted in the death or serious bodily injury of another person, contact an attorney at the Law Offices of Don Pumphrey, Jr. Obtaining legal representation as soon after the accident occurred is important so that all favorable evidence can be preserved.
The lawyers at the Law Offices of Don Pumphrey, Jr., represent individuals under investigation or arrested for Vehicular Homicide and Vehicular Homicide / Leaving the Scene of the accident for in Leon County and the City of Tallahassee, and the surrounding areas throughout Florida's Second Judicial Circuit including Crawfordville in Wakulla County, Quincy in Gadsden County, Bristol in Liberty County, or Monticello in Jefferson County.
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Defenses to Vehicular Homicide under Florida Law
For vehicular homicide cases, the accident report privilege also plays an important role because the suspect's statements may not be admissible if the officer does not make it clear that the statements are part of a "criminal investigation" and not the "accident investigation." Other important defense apply, particularly a showing that the driver's conduct was merely careless and not reckless. Often a fine line exist between an accident and a "vehicular homicide" charge.
Under Florida law, the criminal charge of vehicular homicide (also called vehicular manslaughter) is defined in Florida Statute §782.071 as the killing of a person or a fetus by an injury to the mother, caused by reckless driving of a motor vehicle. Under Florida Statute §316.192, "reckless driving" is defined as any vehicle driven in wanton or willful disregard for the safety of property or another person.
These cases usually involve an allegation of driving under the influence of drugs or alcohol, or racing on the roadway. The facts of the case may involve driving at high speed or driving the wrong way on a one way street or highway. The prosecutor is not required to prove that the driver intended to kill or injury anyone. Instead, the crime punishes the reckless behavior of being indifferent to the consequences.
If a death or serious bodily injury occurs after a car accident, law enforcement officers will typically take the driver's blood. In some cases, the blood is taken by force if the driver refuses. In other case, the blood is taken without the suspect's knowledge if the suspect is unconscious. The prosecutor may also attempt to use blood results used by the hospital as part of emergency medical treatment. Cases involving the death or serious bodily injury of another person rarely involve a urine or breath test.
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Punishments and Penalties for Vehicular Homicide
Vehicular homicide is a second degree felony punishable by up to 15 years in Florida State Prison and a fine not to exceed $10,000. The crime can be charged as a first degree felony if it is also alleged that at the time of the crash the driver knew or should have known that the crash occurred, and failed to stop and give information to law enforcement or render reasonable aid to those injured in the crash. The first degree felony of Vehicular Manslaughter involving leaving the scene is punishable by up to thirty (30) years in Florida State Prison and a fine not to exceed $10,000.
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Collateral Issues in a Vehicular Homicide Case
Vehicular homicide cases also civil lawsuits for negligence, personal injury and wrongful death against the suspected driver. Restitution can be ordered as part of the sentence, although the victim's family will also seek restitution from the driver or the driver's insurance company in a personal injury lawsuit or a wrongful death lawsuit.
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The Law Offices of Don Pumphrey, Jr. | Florida Vehicular Homicide Defense Lawyer
If you are under investigation in any DUI case involving the serious bodily injury or death of another person, never talk to law enforcement about the facts of the case until after you have consulted with a criminal defense attorney. The attorneys at the Law Offices of Don Pumphrey, Jr., represent men and women charged with vehicular homicide and other traffic crimes in Leon County and the city of Tallahassee, and the surrounding areas throughout Florida's Second Judicial Circuit, including Crawfordville in Bristol in Liberty County, Monticello in Jefferson County, Wakulla County, or Quincy in Gadsden County.