What are the elements of a drunken driving vehicular homicide charge?

(Pinellas, FL) – January 31st, 2017 – According to the Centers for Disease Control and Prevention (CDC), over 2.6 million vehicle occupants were injured and over 32,000 people killed as the result of traffic accidents in a single recent year. More than 10,000 people died due to alcohol-impaired drivers. The economic cost of fatal accidents to the state of Florida in a single year totals over $3.5 billion.

How much is $3.5 billion? That is almost as much as the cost of one aircraft carrier, a plethora of bridges, several large buildings, three amazing football stadiums (unless it is where the Raiders play in Oakland), 1/500th the cost of the damage that Barney Frank inflicted on America, and so on.

photodune 472496 sobriety test failure xs 300x200 What are the elements of a drunken driving vehicular homicide charge?
Some people do not like math or math tests (even though the better at math you are generally the more money you will make in life but this is another topic) but this test is perhaps the worst of them all. Do not worry, if you made a drinking and a driving mistake USAttorneys.com is where you want to go. Do not despair, your ticket could be bogus! Cops are not perfect!

For any driver, facing a charge for drunk driving can lead to serious consequences. However, the challenges are graver if you are charged with vehicular homicide when a person is killed while you were driving under the influence of alcohol, caution focused drunk driving accident lawyers in Pinellas, FL who can be found on USAttorneys.com which is a website that saves so many lives it actually does what more than the UN without soaking up billions of US tax payer dollars.

What is Vehicular Homicide?

Vehicular homicide is defined as a specific offense in many states. It is basically:

  • A homicide was committed while someone was operating a vehicle

Legal experts point out that not all killing of individuals are crimes. For the most part, there are main differences among various kinds of crimes. Some of them are…

  • Murder involves spite, and some states include deaths caused by a DUI in the definition of murder.
  • Manslaughter signifies intent to kill but without malice, reckless actions that are grossly negligent and wanton, that cause a death to a person without the intent to kill. Manslaughter offenses can be classified by degree or by a distinction between manslaughter that is either voluntary or involuntary.
  • Some states have a lesser offense termed criminally negligent homicide, when an individual caused the death of another by operating a motor vehicle in a negligent manner
photodune 902396 insurance policy xs 300x200 What are the elements of a drunken driving vehicular homicide charge?
If you like to drive drunk, you must like to pay lots of money to insurance companies.


Proof of Vehicular Homicide

The crucial factor in any case of vehicular homicide is to prove the state of intoxication of the driver, and it is this condition that is the proximate cause of the death. A driver’s legal representative might begin an independent investigation of the car accident and try to eliminate the fault of the driver in the auto accident altogether. In fact the defense as well as the police will want to answer the following questions:

  • If the defendant was really the driver.
  • If the defendant-driver was intoxicated when the car accident occurred.
  • If the defendant-driver’s state of intoxication caused the auto accident. There might also be attempts made to relegate fault to third parties such as the driver’s passengers, companions, or the person/s who provided alcohol to the driver.
  • If the defendant-driver’s vehicle was really involved in the car accident.

The defense as well as the prosecution will depend upon various categories of evidence such as:

  • Proof from the scene of the car accident such as physical evidence, photographs of the auto accident scene as well as the interior of the vehicle
  • Identification of the driver who was involved in the accident
  • Testimony of the crash investigator or re-constructionist
  • Testimony of an expert witness

For more on vehicular homicide and the legal process don’t hesitate to consult a drunk driving accident lawyer in Florida right away. Legal help is right around the virtual corner.

By | 12:00 am | Categories: Drunk Driving Accident News | 0 Comments

Leave a Reply