Gainesville, Ocala, Lake City & Inverness, Florida Accident Attorney and Alachua County DUI Lawyer Blogs

Vehicular Homicide-what is it and what needs to be proven.

Florida law states that vehicular homicide, a 2^nd (or 1^st) degree felony, is the killing of another human caused by operation of a motor vehicle in a reckless manner that is likely to cause death or great bodily injury to the victim. (F.S. 781.072(2008))

A 2^nd degree felony conviction may carry a sentence of:

• Up to 15 years imprisonment;
• $10,000 in fines;
• 120 community service hours in a hospital that serves victims of car accidents; and
• Damages resulting from a companion civil action.

The State Attorney may charge a driver with one of three separate offenses resulting from a fatality caused by a motor vehicle accident:

• 1. Manslaughter by culpable negligence;
• 2. Vehicular homicide; or
• 3. DUI manslaughter.

Vehicular homicide requires that the prosecution prove that the driver operated their vehicle with a reckless, willful, or wanton disregard for safety.  Reckless driving is an element of the crime, and the State must prove more than failure to use care. The standard is greater than simple negligence required to prove DUI manslaughter and a lesser offense than manslaughter by culpable negligence. (71 Dec. Fla. BJ 46 (1997))  

The prosecution's choice of charges may depend on how strong they think their case is.  Interestingly, as a local accident lawyer, I have seen that the severity of sentencing may depend on how sympathetic the victim appears-including being young, female, pregnant, and having no criminal history.

For more information:
O-Brian Woman Charged with Vehicular Homicide - justified or ever-zealous?

Vehicular Homicide Charge in Florida - What does it mean?

Vehicular Homocide Illustrated