Defenses Against a Vehicular Homicide Charge

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 2,935 fatal crashes in Florida in 2018. In total, 3,150 lives were lost due to these tragic accidents. But it’s important to remember that many of these crashes are just that — accidents. In times of tragedy, people will try to find a scapegoat to rationalize a chaotic and random event,  and in doing so, they often blame an innocent driver. 

Vehicular homicide, also known as vehicular manslaughter, is a serious offense that can result in a first-degree felony charge and years in prison if not defended against. While there are drivers whose actions warrant a vehicular homicide charge, there are also those that were merely in the wrong place at the wrong time. If you have been charged with vehicular homicide, consult a vehicular manslaughter defense attorney in Tampa to discuss the specifics of your case. 

What Constitutes Vehicular Homicide? 

Under Florida law, vehicular homicide is defined as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

Reckless driving” involves “willful or wanton disregard for the safety of persons or property,” and usually coincides with other traffic violations. Additionally, the use of alcohol and other drugs is often associated with reckless driving.

Strong Defenses Against Vehicular Homicide 

Listed below are just a few of the defenses that can be employed by a vehicular manslaughter defense lawyer in Tampa from The Rickman Law Firm. As mentioned, our attorneys can conduct an independent investigation to determine the cause of a crash. 

Suppression of Evidence

In some instances, our attorneys can file a motion to suppress evidence when there has been an error in its collection. This is crucial in driving under the influence (DUI) cases where an overzealous officer fails to follow proper procedure when administering a field sobriety test. 

Supervening Circumstances  

Other times, it’s the discovery of evidence that reveals the true cause of a fatal accident. A pothole, a faulty engine, or a yet unknown factor could have contributed to a crash. In these instances, our attorneys can conclude that your actions were not the deciding factor in the crash. 

Disprove Reckless Behavior 

Remember, it has to be proven in a court of law that you were driving recklessly. A team of attorneys can conduct their own investigation and hire an outside expert to determine the true cause of the crash. In many cases, it can be proved that a crash would have occurred regardless of careless or negligent behavior. Our team of attorneys can build a defense proving that you were not speeding, swerving, or putting lives at risk. 

For a free consultation with a vehicular manslaughter defense attorney in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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