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Vehicular Homicide Charges in Florida: DUI Manslaughter, Penalties and Hiring a Lawyer
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Vehicular Homicide Charges in Florida: DUI Manslaughter, Penalties and Hiring a Lawyer
Being charged with vehicular homicide or DUI manslaughter in Florida can be scary and overwhelming. These charges come with steep penalties, including years in prison, heavy fines, and a permanent criminal record. Having an experienced defense attorney on your side can make all the difference in fighting the charges and getting the best possible outcome. This article will break down everything you need to know about vehicular homicide and DUI manslaughter charges in Florida, potential penalties, and why hiring a lawyer is so important.
What is Vehicular Homicide and DUI Manslaughter?
Vehicular homicide and DUI manslaughter are among the most serious traffic offenses in Florida. They involve causing the death of another person through the negligent or impaired operation of a motor vehicle.
- Vehicular Homicide occurs when someone operates a vehicle in a reckless manner likely to cause death or great bodily harm, and it results in a fatality. It does not require intoxication, just reckless driving.
- DUI Manslaughter is when someone operates a vehicle while impaired by drugs or alcohol, and this leads to the death of another person. The impairment is the key factor.
Both charges are second-degree felonies under Florida law, carrying steep penalties.
Penalties for Vehicular Homicide and DUI Manslaughter
The penalties for vehicular homicide and DUI manslaughter are severe in Florida. They include:
- Up to 15 years in state prison. There is a mandatory minimum sentence of 4 years for DUI manslaughter.
- Fines up to $10,000
- Driver’s license revocation for life
- Probation up to 15 years if prison time is not imposed
- Ignition interlock device required after license reinstatement
- Community service hours
- Court costs and fees
- Restitution to victims
- Permanent criminal record
Judges have some discretion based on mitigating factors, but will typically impose stiff punishment. Those convicted will also have a felony record that impacts employment, housing, and other rights.
Why Hiring an Attorney is Crucial
Facing vehicular homicide or DUI manslaughter charges without an attorney is extremely unwise given the serious potential penalties. An experienced defense lawyer can:
- Evaluate the evidence and build defenses to fight the charges
- Negotiate with prosecutors for reduced charges or sentencing
- Challenge issues with blood evidence or field sobriety tests
- Advocate for mitigating factors that reduce sentencing
- Guide you through the complex legal process
Having skilled legal representation maximizes the chances of the best possible outcome, whether that means reduced charges, lower sentencing, or avoiding conviction altogether.
Finding the Right Lawyer for Your Case
Not all attorneys are equally equipped to take on vehicular homicide and DUI manslaughter cases. Be sure to hire a lawyer with specific experience defending these complex charges. Key credentials to look for include:
- Years of experience handling vehicular crimes and DUI cases
- Deep knowledge of Florida traffic and DUI laws
- Relationships with local prosecutors and judges
- Resources to obtain expert witnesses to challenge evidence
- Track record of success in vehicular homicide and manslaughter cases
Take time to research lawyers’ backgrounds, consult with several, and find one you trust. This is not a situation to take lightly.
What to Do if You Are Charged
Here are important steps to take if you are arrested for vehicular homicide or DUI manslaughter:
- Remain silent – Do not admit guilt or make statements to police. Let your attorney do the talking.
- Hire a lawyer immediately – Don’t delay getting experienced legal representation on your side.
- Follow your lawyer’s advice – Your attorney knows how to strategically approach your defense.
- Avoid discussing the incident – Anything you say can potentially be used against you.
- Cooperate with your attorney – Be honest and upfront so they can build the best case.
- Attend all court hearings – Showing up is mandatory and shows you take the charges seriously.
- Seek counseling if needed – Getting support can help you make wise decisions.
DUI Manslaughter Case Example
Here is an example of how an experienced attorney approached a Florida DUI manslaughter case:The defendant, a 28 year old teacher, was charged with DUI manslaughter after she struck and killed a pedestrian one night after having drinks with friends at a bar. Her breathalyzer test showed a .12 BAC over the legal limit.Her attorney, a former DUI prosecutor, knew the facts looked bad. But he obtained an expert to reconstruct the accident scene. The expert found lighting was poor and the pedestrian was jaywalking where crossing was prohibited. This opened up defenses on causation and comparative negligence.The lawyer negotiated aggressively with the prosecutor. He was able to plead the charge down to reckless driving with 5 years probation. While serious, it avoided prison and a permanent felony record. The defendant kept her job and moved on with her life.This demonstrates how an experienced DUI defense lawyer can frequently reduce charges and penalties even in very difficult cases. Every case is different, but skilled representation gives you the best chance in court.
Conclusion
Being arrested for vehicular homicide or DUI manslaughter in Florida is extremely serious. The potential penalties of over a decade in prison and permanent felony record can ruin lives. Never go through this alone without an attorney. Be proactive in hiring experienced legal counsel to protect your rights and future. They can evaluate defenses, negotiate with prosecutors, and advocate for mitigating factors. While every case is an uphill battle, skilled lawyers fight to get charges reduced or dismissed, and penalties minimized. Don’t leave your fate to chance – be smart and get a lawyer on your side immediately.
References
https://www.weinsteininjurylawyer.com/criminal-defense/dui/manslaughter-and-vehicular-homicide/
https://www.muscalaw.com/criminal-defense/dui/dui-with-manslaughter/dui-manslaughter-penalties
https://criminaldefenseattorneytampa.com/dui/types/manslaughter/
https://www.leifertlaw.com/florida-dui-lawyer/vehicular-manslaughter/
https://www.blakedorstenlaw.com/dui-manslaughter-attorney.html