Vehicular Manslaughter Laws in Florida
Tampa Vehicular Manslaughter Attorney
Not every fatality that occurs on the roadway, as tragic as it may be, should result in an arrest or prosecution for vehicular manslaughter. In many of these cases, conduct that would normally warrant only a traffic infraction suddenly results in vehicular manslaughter arrest only because a death resulted from the accident.
Hiring an experienced criminal defense attorney to represent you on these charges as soon after the accident as possible is critical. Never make a statement to law enforcement once a criminal investigation begins until after you have spoken with an attorney. If you were arrested for Vehicular Manslaughter in Central Florida, including Hillsborough County, Pinellas County, Pasco County, Polk County, Manatee County, Sarasota County, or any of the surrounding areas, contact us today to discuss your case.
Vehicular Manslaughter under Florida Law
Under Florida Statute § 782.071, vehicular manslaughter is an accusation that a driver killed another human being by operating a motor vehicle in a reckless manner likely to cause death or great bodily harm to another. To prosecute a vehicular manslaughter charge, the state does not need to prove that the driver had the intent to harm anyone, but instead, that the operation of the vehicle was in a manner likely to cause the death or great bodily injury of another.
A Scholarly Approach to Fighting the Charges
At the Sammis Law Firm we understand the importance hiring the most qualified expert witnesses, including an accident reconstruction expert in Florida who will play a critical role in the defense. Florida law enforcement officers will conduct their own investigation to support the vehicular manslaughter charges. But it is also important for the defense to quickly retain an expert to conduct an independent accident investigation and reconstruction to show defenses that exist in the case.
Our criminal defense lawyers take a scholarly approach to fighting vehicular manslaughter cases including filing motions to suppress evidence, motions to dismiss criminal charges, and motions in limini to exclude prejudicial evidence at trial. The key to obtaining the best result is fighting each aspect of the state's case and gradual and systematically dismantling the prosecutor's case piece by piece.
Furthermore, steps must be immediately taken to preserve all of the evidence or fight to protect your rights during the investigation, including the following:
- Fighting any effort by the State to obtain the results of any blood drawn for medical purposes;
- Having an attorney present for any interrogation by law enforcement;
- Taking pictures of the damage sustained by the vehicles involved in the accident;
- Taking pictures of the location where the accident occurred, including any marks left on the roadway;
- Obtaining witness statements of anyone who witnessed the accident; and
- Obtaining hospital medical records of anyone injured or killed after the accident.
Tampa Criminal Lawyer on Fighting the Vehicular Manslaughter Charge
If you have been arrested for vehicular manslaughter in Florida, including Hillsborough, Polk, Pinellas, Pasco, Manatee, or Sarasota County, contact the Sammis Law Firm to discuss ways to aggressively fight the serious charges that have been made against you. Your freedom and liberty depend on the actions that your attorney takes early in the case, as well as the stragegy your criminal defense attorney employes throughout the investigation and prosecution.
Our criminal defense attorneys represent both men and women charged with serious driving offenses such as DUI manslaughter or vehicular homicide throughout the Tampa Bay area including Tampa, Clearwater, St. Petersburg, New Port Richey, Dade City, Brooksville, Bartow, Bradenton, and Sarasota, Florida. Call 813-250-0500 today to speak directly with an attorney about your case.
Related Charges from a Vehicle Crash Involving Death, Personal Injury or Serious Bodily Injury:
Under Florida Statute § 316.193(3)(c)(3), DUI manslaughter under is an accusation that the accused drove while under the influence of alcohol or a controlled substance, and as a result of the DUI, the accused caused or contributed to the cause of the death of victim.
Vehicular Homicide is a second degree felony punishable by a maximum sentence of fifteen years in Florida State Prison, and a $10,000,00 fine. However, the offense may be enhanced to a first degree felony punishable by thirty years in prison if the driver willfully left the scene of an accident.