Criminal Defense Lawyers

Unraveling Mississippi’s Sentencing Guidelines for Vehicular Homicide Cases

Understanding Mississippi’s Vehicular Homicide Laws and Sentencing Guidelines

What is Vehicular Homicide in Mississippi?

First things first, let’s define what vehicular homicide actually means in the Magnolia State. Under Mississippi Code § 63-11-30, vehicular homicide is causing the death of another person while operating a vehicle:

• Under the influence of alcohol with a BAC of 0.08% or higher
• Under the influence of any substance that impaired your ability to drive
• In a negligent manner that shows disregard for human life

Basically, if you drive drunk, high, or recklessly and someone dies as a result, you can be charged with this serious felony offense. It’s considered a violent crime in Mississippi.

Proving Vehicular Homicide

To convict you of vehicular homicide, prosecutors need to prove beyond a reasonable doubt that your impaired or negligent driving was the direct cause of the victim’s death. They’ll use evidence like:

• Police reports detailing the crash scene
• Witness statements about your driving
• Your blood alcohol content (BAC) level
• Drug test results showing illegal or prescription drugs in your system
• Accident reconstruction expert analysis
• Your own statements admitting to drinking or using drugs

It’s important to remember, you have the right to remain silent. Don’t give the police any statements that could be used against you later on. Politely decline to answer questions and contact an experienced vehicular homicide defense attorney right away.

Penalties for Vehicular Homicide in Mississippi

Alright, so what kind of punishment are you looking at if convicted of vehicular homicide? In Mississippi, it’s a felony offense that carries some hefty penalties under Miss. Code § 63-11-30(5):

• Between 5 to 25 years in prison
• Up to $10,000 in fines
• Driver’s license suspension for 5 years
• Completion of an alcohol safety education program
• Installation of an ignition interlock device (IID) to prevent drunk driving

If you have previous DUI convictions on your record, or you’ve been convicted of vehicular homicide before, the judge can impose even harsher sentences. Repeat offenders face a minimum of 10 years behind bars.

Aggravating Factors

Certain aggravating factors can bump up your vehicular homicide charge to an even more serious offense with greater penalties. These include:

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• Having a BAC of 0.15% or higher
• Causing the death of a law enforcement officer, firefighter, or emergency responder
• Killing a pregnant woman
• Having a child passenger in the vehicle at the time
• Fleeing the scene of the fatal crash (hit-and-run)

If any of these special circumstances apply in your case, you could be looking at 30 years to life in prison. The judge may also impose higher fines up to $25,000.

Defending Against Vehicular Homicide Charges

Facing decades in prison is a terrifying prospect. But don’t lose hope. There are defense strategies an skilled Mississippi vehicular homicide attorney can use to fight the charges and secure the best possible outcome. Some common defenses include:

1. Challenging BAC test results
   If police didn’t follow proper procedures in administering your breath or blood test, or the testing equipment wasn’t calibrated correctly, your lawyer may be able to get the BAC results thrown out. Without that key evidence, it’s much harder to prove impairment.
2. Disputing accident reconstruction findings
   Accident reconstruction is not an exact science. Experts often disagree on things like vehicle speed, braking distance, and collision angles. Your attorney can hire an independent accident reconstructionist to scrutinize the prosecution’s findings for flaws.
3. Presenting evidence of intervening causes
   Sometimes, factors outside the driver’s control contribute to a fatal crash, like a sudden medical emergency, hazardous road conditions, a defective auto part, or another driver’s actions. Introducing evidence of an intervening cause can cast doubt on whether your driving was the true cause of death.
4. Negotiating a plea deal
   In cases where the evidence against you is strong, it may be in your best interest to plead guilty to a lesser offense, like manslaughter or negligent homicide, to avoid the most serious penalties. A plea deal isn’t ideal, but it can help you get out of prison sooner.

Sentencing Factors

If you are convicted of vehicular homicide, the judge will weigh certain factors to determine an appropriate sentence within the 5 to 25 year range. Mitigating factors that can lead to a lighter sentence include:

• Having no prior criminal record
• Showing genuine remorse for your actions
• Completing voluntary substance abuse treatment
• Having strong community ties and family support
• Cooperating with law enforcement during the investigation

On the flip side, aggravating factors that can result in a tougher sentence include:

• Having previous DUI or reckless driving convictions
• Seriously injuring other people in addition to the fatality
• Fleeing the scene before police arrive
• Putting children at risk
• Behaving belligerently toward officers
• Lying or showing no remorse

Your defense lawyer’s job is to highlight the mitigating factors and downplay the aggravating ones to convince the judge to show leniency at sentencing.

Victim Impact Statements

In a vehicular homicide case, the victim’s family has the right to submit impact statements for the judge to consider before imposing a sentence. These statements detail how the loss of their loved one has affected them emotionally and financially. Victim impact statements can be powerful and persuasive, so it’s important for your lawyer to anticipate them and be prepared to counter them with mitigating evidence if needed. However, a sincere apology and expression of remorse to the family can sometimes go a long way.

Restitution

In addition to prison time and fines, the court may order you to pay restitution to the victim’s family as part of your sentence. Restitution is money to compensate for financial losses stemming from the death, like:

• Funeral and burial expenses
• Lost income the victim would have earned
• Loss of benefits like health insurance
• Counseling expenses for family members

Restitution is separate from any civil wrongful death lawsuit the family may file against you. Even if you can’t afford to pay it all at once, the judge can set up a monthly payment plan that continues after you’re released from prison. Failing to keep up with restitution payments is a violation of your sentence that lands you back in jail.

Probation

While vehicular homicide requires mandatory prison time, you may be eligible for supervised probation after you serve a portion of your sentence. Mississippi’s earned probation program allows well-behaved inmates to be released under supervision after serving 25% of their sentence. If released on probation, you’ll have to comply with certain conditions, like:

• Reporting regularly to a probation officer
• Passing random drug and alcohol tests
• Attending substance abuse treatment or support group meetings
• Completing community service hours
• Paying all fines, fees, and restitution
• Not committing any new crimes

Violating your probation conditions can result in being sent back to prison to serve the remainder of your sentence, so it’s crucial to stay on the straight and narrow.

Expungement

Unfortunately, vehicular homicide is not eligible for expungement (sealing) from your criminal record in Mississippi, even after you complete your sentence. It’s one of those convictions that stays on your record for life. Having a permanent felony conviction makes it very difficult to find employment, housing, and educational opportunities. Your attorney can advise you on how to obtain a Certificate of Rehabilitation to demonstrate you’ve turned your life around, which can help open some doors.

Collateral Consequences

Beyond the court-imposed sentence, a vehicular homicide conviction carries serious collateral consequences that can impact your life for years to come. These include:

• Driver’s license revocation: Your license will be revoked for at least 5 years, and you’ll have to complete an alcohol education course and show proof of financial responsibility (SR-22 insurance) to get it reinstated.
• Employment difficulties: Many employers are hesitant to hire people with violent felony convictions, especially for jobs involving driving or working with vulnerable populations. You may be restricted to certain types of work.
• Professional license issues: If you hold a professional license, like a teaching certificate, medical license, or law license, a conviction may result in suspension or revocation proceedings by the licensing board.
• Child custody challenges: A vehicular homicide conviction can be used against you in child custody disputes as evidence you’re an unfit parent, especially if you had a child in the car at the time of the offense.
• Immigration consequences: If you’re not a U.S. citizen, a vehicular homicide conviction can result in deportation proceedings, even if you’re a legal permanent resident.
• Social stigma: There’s an unfortunate social stigma that comes with having a criminal record, especially for a serious offense like vehicular homicide. It can strain your personal relationships and make you feel isolated.

While these collateral consequences can feel overwhelming, an experienced attorney can help you navigate them and rebuild your life after serving your sentence. Don’t lose hope – with dedication and a strong support system, it’s possible to move forward.

Wrongful Death Lawsuits

In addition to criminal charges, you may also face a civil wrongful death lawsuit filed by the victim’s family. Unlike a criminal case, which is brought by the state, a civil suit is filed by the family to seek monetary damages for their loss.Wrongful death damages can include:

• Medical and funeral expenses
• Lost income and benefits the victim would have earned
• Pain and suffering of the victim before death
• Emotional distress of the family
• Loss of care, companionship, and guidance
• Punitive damages to punish reckless or intentional conduct

Even if you’re found not guilty of vehicular homicide in criminal court, you can still be sued and found liable for wrongful death in civil court. That’s because civil cases have a lower burden of proof – instead of “beyond a reasonable doubt,” liability must be shown by a “preponderance of the evidence” (more likely than not). If you lose a wrongful death lawsuit, the jury will award damages to the family. If you don’t have enough insurance or assets to pay, the family can garnish your future wages. It’s important to have an attorney represent you in any civil proceedings to minimize your financial exposure.

Statute of Limitations

It’s important to be aware of the statute of limitations for vehicular homicide charges in Mississippi. The state has 2 years from the date of the offense to formally charge you. After that, the statute of limitations expires and you can’t be prosecuted. However, if you’re arrested for DUI and released pending blood test results, prosecutors may wait to charge you until the results come back. In that case, the statute of limitations may be “tolled” (paused) until they have the evidence to move forward.Don’t assume you’re off the hook just because a lot of time has passed since the crash. Consult with a knowledgeable attorney to understand how the statute of limitations may apply in your specific situation.