Leaving the Scene
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.
Florida Statute Section 782.071 defines "vehicular homicide" as 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 the defendant also leaves the scene of the crash, 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.
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.
We are experienced in representing clients charged with crimes that occur in a vehicle. From misdemeanor offenses such as DUI or reckless driving, to the more serious felony offenses of leaving the scene of a crash after a death, we understand the best way to mount an aggressive defense.
Contact us for a free and confidential consultation to discuss the charges pending against you, the potential penalties that come with that charge, and the best way to fight the charges.
The Way Vehicular Homicide with Leaving the Scene Must be Charged
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.
For example, In Sullivan v. Florida, 562 So.2d 813 (Fla. 1st DCA 1990), the appellate court found reversible error when the defendant was sentenced 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.
This article was last updated on Friday, September 7, 2018.