Attorney for vehicular homicide cases in tampa, fl

The culpable conduct necessary to sustain proof of manslaughter under section 782.07 is conduct of “a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.” Id.

The determination of a prima facie case of recklessness in a vehicular homicide case is a fact intensive, ad hoc inquiry. The focus is on the actions of the defendant and, considering the circumstances, whether it was reasonably foreseeable that death or great bodily harm could result.

D.E. v. State, 904 So.2d 558, 562 (Fla. 5th DCA 2005).

Wright v. State, 573 So.2d 998 (Fla. 1st DCA 1991) (evidence was sufficient to sustain a vehicular homicide conviction where defendant had consumed both a full quart and half a six-pack of malt liquor, was travelling approximately 20 mph over the speed limit, was driving in the oncoming lane of traffic to pass another vehicle, and did not attempt to slow down or maneuver to avoid striking the victim);

Our criminal defense lawyers take a scholarly approach to fighting vehicular manslaughter cases including filing motions to suppress evidence, motions to dismiss criminal charges, and motions in limine to exclude prejudicial evidence at trial. The key to obtaining the best result is fighting each aspect of the state’s case and gradual and systematically dismantling the prosecutor’s case piece by piece.

Under § 316.027(2)(c), leaving the scene of a crash with death does not require that the vehicle be operated in any particular manner. To establish the crime of leaving the scene of a crash with death, the State need only prove that the defendant left the scene of a crash which resulted in death—not that the defendant caused the death. § 316.027(2)(c) (requiring only that the crash “results in the death of a person”).

Fleeing or eluding causing serious bodily injury or death under § 316.1935(3)(b) requires that the defendant willfully flee or attempt to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding, the defendant does the following:

Overview of Vehicular Homicide Laws Across the United States – Visit the MADD website to find an overview of the vehicular homicide laws across all 50 states that summarizes the criminal penalties, the name of the charge, the statute number, and the maximum fine. The article explains why the penalties actually imposed can vary from a few days in jail followed by probation to a life sentence.

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