Vehicular Homicide and DUI Manslaughter
Under Florida Statute 782.071, vehicular homicide, or “vehicular manslaughter” is an accusation that a driver killed another human being, or a viable fetus, by operating a motor vehicle in a reckless and negligent manner likely to cause death or egregious bodily harm to another. Vehicular homicide is a felony of the second degree, punishable by up to fifteen years in Florida State Prison. This offense can become a first degree felony if it is also alleged that the person failed to give information and render aid as spelled out in s. 316.062. Florida law does not require that the person knew that the accident resulted in injury or death. Many times, the accident and death may be caused by what may have normally been a minor traffic infraction.
Vehicular homicide is a very serious charge and the State takes it very seriously. Vehicular manslaughter may also be referred to as DUI Manslaughter, and arises under an accusation that the driver drove while under the influence of alcohol or a controlled substance, and as a result, the driver caused or contributed to the cause of the death of the victim. Furthermore, in addition to criminal prosecution, Florida Law recognizes a right of action for civil damages.
There may be several defenses that can be used in a vehicular homicide case and will depend on the facts of each individual case. It is very important to remain silent and to contact your aggressive vehicular manslaughter attorneys at Smith and Eulo Law Firm to handle your case.