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Florida Vehicular Homicide
Florida Vehicular homicide is a serious offense in Florida. It involves causing the death of another person while driving recklessly. Understanding the legal definitions and implications of these charges is crucial if you or a loved one is accused of vehicular homicide. To understand how serious consider this, it typically scores approximately 9 years in prison even with no criminal record. If there is a charge to take seriously and get the best advice you can, a Florida vehicular homicide charge is the one.
Understanding Vehicular Homicide in Florida
Legal Definition and Penalties
In Florida, vehicular homicide is defined under Florida Statutes Section 782.071. The penalties for this offense can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record. The charge can be further enhanced to a first degree felony if the state accuses you of failing to render aid as well.
The penalties can include:
Common Defenses Against Vehicular Homicide
Several defenses or strategies can be employed to challenge vehicular homicide charges. These defenses point out how the defendant’s actions do not meet the legal criteria for the charges and provide reasonable doubt regarding the charge and circumstances. To secure a conviction for vehicular homicide, the prosecution must demonstrate that the defendant acted with reckless disregard for human life. This means the defendant knowingly engaged in behavior that posed a substantial risk of causing death or serious injury.
How to Beat Vehicular Homicide Without Rendering Aid Charges in Florida
Florida vehicular homicide charges are very serious and the state will muster all the evidence it can to create a narrative that you or your loved one acted recklessly with a disregard for human life. That doesn’t mean there is no way to challenge this type of charge. An experienced Florida vehicular homicide lawyer like Matt Landsman has dealt with cases similar to yours over many years and has developed strategies and expertise in every area of defense applicable to Florida vehicular homicide.
Lack of Knowledge
As to the enhancement of failing to render aid, if the defendant did not know that an accident occurred or that someone was injured, they cannot be held liable for failing to render aid.
This circumstance occurs when there are issues regarding visibility conditions, the line of sight of the driver is at issue, or problems with the relative height of vehicles or pedestrians.
Medical Emergency
If the driver suffered from a sudden medical condition, such as a heart attack or seizure, this is cause to undermine the element of recklessness required in the state’s case in chief.
Medical emergencies can be supported by medical records, witness testimonies, and expert opinions. It is important to collect evidence concerning these conditions immediately.
Mechanical Failure
If the accident was caused by a sudden and unexpected mechanical issue the defendant may not be held responsible. Evidence supporting this defense can include vehicle maintenance records, expert testimony, witness testimony concerning the vehicle, police inspection reports, and crash reconstruction data.
Insufficient Evidence
It is the state’s burden to prove the elements beyond a reasonable doubt. By having expert counsel issues can be brought out that demonstrate the lack of evidence as to any particular element that can’t be proven to that high standard.
This is important in a vehicular homicide case because the state will have to demonstrate a reckless state of mind, which is distinct from mere negligence like other car accidents. Showing the Defendant did not act with reckless disregard for human life can be crucial.
Accidental Nature of the Incident
Not all accidents result from reckless or intentional behavior. By providing evidence that the incident was a genuine accident can be the difference between a reduced charge and a massive sentence in prison.
By presenting evidence that the defendant was concerned for human life by obeying traffic laws, minding traffic conditions, and taking precautions, the defense can combat the narrative that the defendant was recklessly indifferent to human life.How to Beat Vehicular Homicide Without Rendering Aid Charges in Florida
Witness Testimony
Witnesses can provide crucial testimony to support the defense’s case especially if they are not associated with either the defendant or the deceased. Witnesses can describe the circumstances allowing a neutral party to infer a lack of intent. Unbiased witnesses frequently provide evidence of traffic safety and reasonable reactions which undermine the state’s theory.
The Importance of Expert Witnesses in Vehicular Homicide Defense
Serious charges require intense scrutiny, and the charge itself almost universally requires expert testimony. Many times the eyewitnesses do not capture the accident itself, and it must be painfully reconstructed to determine the nature of the accident.
Accident Reconstruction Experts
Accident reconstruction experts can analyze the scene of the accident, vehicle damage, and other evidence to provide a scientific evaluation of the mechanics of the accident. This is critical in determining how the accident occurred and determining traffic law violations, knowledge of drivers, and comparative fault.
Medical Experts
Medical experts can challenge the prosecution’s narrative creating reasonable doubt if present. Their expertise is particularly useful if the cause of death is disputed, especially relevant in cases involving a delay in the onset of death. Pre-existing conditions or intervening causes can undermine the State theory regarding cause of death.
Vehicle Experts
Vehicle experts can provide testimony on the condition of the vehicle, assess mechanical failures or defects. Their analysis can include Brake Systems, Steering Mechanisms, or Other Mechanical Failures.
Psychological Experts
Psychological experts can provide testimony on the defendant’s mental state and their insights can be used to argue that the defendant did not act with the requisite intent or recklessness to be found guilty of vehicular homicide if they have sufficient factual basis to do so.
How do expert witnesses help in vehicular homicide defense?
Expert witnesses can play a crucial role in defending against vehicular homicide without rendering aid charges. Accident reconstruction experts, forensic toxicologists, medical experts, vehicle experts, and psychological experts can provide testimony that challenges the prosecution’s evidence and supports the defense’s case.
Conclusion
You want an attorney who has the experience, expertise, and local knowledge to give you or your loved one the best possible defense against these extreme charges. Matt Landsman has been fighting for clients just like you for years, and unlike many attorneys has the trial experience to prove it. You want to know that whatever decision you ultimately make in your case, that the legal advice you are getting is the best possible advice no matter how bad the circumstances. Matt Landsman will not let you go through this traumatic experience alone, and will be there with you every step of the way. He has been through cases of the most serious kind, and helped his clients through them to the best possible results.
Matt Landsman is Board Certified in Criminal Trial Law by the Florida Bar since 2016. Board certification is the highest level of evaluation and accreditation for lawyers by the Florida Bar and represents competency and experience within an area of law, as well as professionalism and ethics in practice. Gainesville Vehicular Homicide Lawyer Matt Landsman has the experience you need to help you or your loved ones through Florida vehicular homicide related difficulties with expert advice for a vehicular homicide defense in Gainesville and North Florida.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.
