Vehicular homicide is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
Vehicular homicide is a felony of the second degree, punishable by up to 15 years in prison or is a felony of the first degree, punishable by up to 30 years in prison, if at the time of the accident, the person knew or should have known that an accident occurred, and the person failed to give information and render aid as required by statute.
Vehicular homicide entails a causal relationship between the driver's recklessness and the victim's death. In fact, proximate causation is an essential requirement for conviction. Vehicular homicide cannot be proven without also proving the elements of reckless driving.
A person guilty of driving under the influence who, by the operation of a motor vehicle, and by reason of such operation, causes or contributes to causing the death of any human being or "unborn quick child" commits DUI manslaughter, a felony of the second degree. Such person is, however, guilty of a felony of the first degree, if, at the time of the crash, the person knew, or should have known that the crash occurred, and the person failed to give information and render aid as required by statute.
Furthermore, a person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.
A person is guilty of the offense of driving under the influence and is subject to punishment as provided by statute if the person is driving or in actual physical control of a vehicle and the person is under the influence of alcoholic beverages, any chemical substance or any controlled substances when affected to the extent that the person's normal facilities are impaired; when the person has a blood-alcohol level of 0.08 or more; or the person has a breath-alcohol level of 0.08 or more.
A vehicular homicide prosecution, no matter the degree, is one of most serious crime that a person could face. The client needs competent and experienced representation to get him or her through this challenging time. Erick Cruz has experience both prosecuting vehicular homicide crimes and representing individuals accused of vehicular homicide. Erick is uniquely capable of closely examining and scrutinizing the vehicular homicide investigation and looking for deficiencies in the investigation and violation of your rights.
Call Erick Cruz if a loved one is under investigation for or has been charged with vehicular homicide.