The Florida vehicular manslaughter attorneys at the Law Offices of Leifert & Leifert represent individuals facing all types of charges, including the charge of vehicular manslaughter or vehicular homicide in a DUI case, a crime defined in subsection 316.193(3) of the Florida State Statutes. To adequately understand the crime of vehicular manslaughter or vehicular homicide stemming from Florida DUI offense, one must be knowledgeable about the crime of DUI, which we explain here. A violation of s. 316.193(3) results from a case of DUI in which the driver causes the death of another by way of vehicular manslaughter or vehicular homicide.
Elements of Vehicular Homicide
The components of s 316.193(3) that deal with vehicular manslaughter and homicide are listed below listed below:
(3) Any person:
(a) Who is in violation of subsection (1) (DUI);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes or contributes to causing:
3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.
According to the statute, anyone who is driving under the influence as described in the statute who, by way of driving while intoxicated, causes or aids in the causing of the death of any human being or unborn quick child (a fetus that has developed to such a stage that it moves within the mother’s womb), is guilty of a second-degree felony. A second-degree felony such as this crime is punishable by up to 15 years in prison and/or up to $10,000.00 in fines.
If, however, an individual commits the above crime but leaves the scene of the accident when they knew or should have knew the accident occurred, without giving information about the accident or rendering aid, such a person is guilty of a first-degree felony. A first-degree felony such as this type of crime is punishable by up to 30 years in prison and/or $10,000.00 in fines.
The majority of individuals that face these charges are looking at a State Prison sentence. Our Florida vehicular manslaughter lawyers, in representing clients facing these charges, strive to exonerate our clients entirely and, when we can’t get the charges dismissed, we aim to keep our clients out of prison. We have helped a great many clients in this type of situation—most have avoided prison. These individuals avoided prison for a variety of reasons that were unique to the circumstances of their case; as their attorneys, we developed a method by which to present the facts of the case in Court, thereby yielding a positive result for our clients when they needed it most.
Finding a Florida Vehicular Manslaughter Lawyer
If you have been arrested for or charged with vehicular manslaughter or vehicular homicide in Palm Beach, Broward or Miami-Dade County, you need a skilled and experienced legal defense team to fight for your rights in court. Our team of former prosecutors knows how the prosecution will mount their case against you because we used to prosecute cases of this very type. As such, our Florida vehicular homicide lawyers are uniquely qualified to represent you in a case of aggravated battery. With our firm representing you, you will have the best possible chance at minimizing the penalties if not beating the criminal charges altogether.