Leaving the Scene After Vehicular Homicide
Vehicular Homicide / Leaving the Scene
Under Florida law, the criminal charge of Vehicular Homicide / Leaving the Scene can be charged as a First Degree Felony punishable by up to thirty (30) years in Florida State Prison and a $10,000 fine.
The elements of Florida Statute Section 782.071 provides that vehicular homicide is the killing of another person by the operation of a motor vehicle in a reckless manner likely to cause great bodily injury or death to another individual.
If leaving the scene is alleged in addition to vehicular homicide, then an additional element must be proved beyond all reasonable doubt, that the driver left the scene of an accident after he knew or should have known that the accident occurred.
The Florida legislature created the crime of vehicular homicide in order to bridge the gap between manslaughter under Florida Statute Section 782.07 and the misdemeanor traffic offense of reckless driving.
The element of willful leaving of the scene of an accident is an element and must generally be alleged in the information and proven at trial. Sullivan v. Florida, 562 So.2d 813 (Fla. 1st DCA 1990) (reversible error to sentence the driver to a second-degree felony under Florida Statute Section 782.072(2) when he was convicted of vehicular homicide as a lesser offense of manslaughter and of leaving the scene of the accident in separate counts).
Attorney for Vehicular Homicide / Leaving the Scene in Tampa, FL
The experienced Tampa DUI Lawyers at the Sammis Law Firm in Hillsborough County, Florida, are available to answer your questions about Vehicular Homicide / Leaving the Scene under Florida law.
Contact a criminal defense attorney for a free consultation by calling 813-250-0500.