Vehicular Homicide in Florida
Vehicular Homicide is more than a mere failure to use ordinary care.
The law differentiates between negligent driving, which subjects a person to civil liability, and criminal driving conduct, such as Vehicular Homicide, which subjects a person to incarceration and other criminal sanctions.
Definition of Vehicular Homicide
Under Florida Statute 782.071, the crime of Vehicular Homicide is committed when a person causes the death of another person while operating a motor vehicle in a reckless manner likely to cause death or great bodily harm.
The degree of culpability required to sustain a conviction for vehicular homicide is less than the degree of culpability necessary to prove manslaughter, but more than a mere failure to use ordinary care. [1]
The essential inquiry is whether the person knowingly drove a vehicle in such a manner and under such conditions as was likely to cause death or great bodily harm. [2]
Penalties for Vehicular Homicide
The crime of Vehicular Homicide is a Second Degree Felony in Florida and punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and a $10,000 fine.
Vehicular Homicide is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Vehicular Homicide to a minimum sentence of 9¼ years in prison, but may also sentence the person up to the statutory maximum of fifteen (15) years in prison.
Vehicular Homicide without Providing Information or Rendering Aid
A person who commits Vehicular Homicide and also fails to provide their information or render aid at the scene commits the crime of Vehicular Homicide without Providing Information or Rendering Aid.
The crime of Vehicular Homicide without Providing Information or Rendering Aid is a First Degree Felony in Florida and punishable by up to thirty (30) years in prison, thirty (30) years of probation, and a $10,000 fine.
Vehicular Homicide without Providing Information or Rendering Aid is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Vehicular Homicide without Providing Information or Rendering Aid to a minimum sentence of 9¼ years in prison, but may also sentence the person up to the statutory maximum of life in prison.
Defenses to Vehicular Homicide
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Vehicular Homicide are:
Simple Speeding
Speeding, with nothing more, is insufficient to support a Vehicular Homicide conviction unless the speed is shown to be grossly excessive. [3]
More commonly, other factors, such as poor weather or erratic driving, combined with speeding is necessary to support a Vehicular Homicide conviction.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Vehicular Homicide in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.