DUI manslaughter vehicle homicide |image: Woman injured lays in street with crashed bike and car nearby. Alavi, Bird & Pozzuto are compassionate trial attorneys who can help.

DUI Manslaughter Vehicle Homicide | Ocala & Gainesville Criminal Defense Lawyers

DUI Manslaughter Vehicle Homicide Attorneys Alavi, Bird & Pozzuto believe that everyone individuals is entitled to an experienced and vigorous defense even in the most tragic of circumstances.

When a traffic crash results in a fatality there are no easy answers. What follows is an unfortunate and catastrophic tragedy for all involved. Law enforcement and the state will fiercely prosecute drivers accused of DUI Manslaughter and Vehicular Homicide regardless of the driver’s intent.

DUI Manslaughter Lawyers Tania Alavi, Christine Bird & Andrew Pozzuto will compassionately listen, provide practical advice and skillfully guide you through every step of the complex criminal justice system. We will get you through this.

DUI MANSLAUGHTER VEHICLE HOMICIDE CARRY EXTREMELY SEVERE PENALTIES

The stakes are extremely high: A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years and a maximum prison sentence of 15 years. Florida Statutes 316.193 (3)(c)(3)

OCALA DUI MANSLAUGHTER ATTORNEY

If you have been charged with DUI Manslaughter in Ocala or the surrounding area (Citrus, Hernando, Lake, Marion, and Sumter Counties), contact Tania Alavi, Christine Bird or Andrew Pozzuto now. We have over 75 years of combined criminal defense experience. We will fight the allegations against you and work to help you avoid the most serious penalties. Call (352) 732-9191 or email us about your case.

GAINESVILLE DUI MANSLAUGHTER ATTORNEY

If you have been charged with DUI Manslaughter in Gainesville or the surrounding area (Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties), contact Tania Alavi, Christine Bird or Andrew Pozzuto now. We are experienced criminal defense attorneys. We will carefully explain all of your options from challenging your arrest to preparing for trial. Call (352) 732-9191 or tell us about your case using this form.

DUI MANSLAUGHTER CHARGES IN FLORIDA

If a person driving under the influence of alcohol or controlled substances causes an accident in which another person is killed, the driver may be charged with DUI Manslaughter.

  • DUI Manslaughter
    • Florida Statute 316,193(3) defines DUI Manslaughter as when a person:
      • Drives a vehicle, or is found to be in actual physical control of a vehicle, within the state of Florida;
      • And the person is either:
        • Under the influence of alcoholic beverages or any chemical or controlled substance, when affected to the extent that the person’s normal faculties are impaired; or
        • Has a breath-alcohol level of 0.08 or higher; or
        • Has a blood-alcohol level of 0.08 or higher.
      • And causes the death of another person, either directly or indirectly
    • Penalties: In Florida, DUI Manslaughter is a 2nd Degree Felony punishable by a 4 to 15 years prison sentence and/or a $10,000 fine.
    • MANDATORY 4 YEARS PRISON SENTENCE
      • Florida Statutes 316.193(3), requires “A person who is convicted of DUI Manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”
    • ENHANCED PENALTIES: If the state proves the driver failed to give information or render aid to a victim, the driver can be convicted of a 1st Degree Felony punishable by up to 30 years and/or a $10,000 fine.

VEHICULAR HOMICIDE

Vehicular Homicide has been described as Reckless Driving that resulted in a death of another person. Although not every unfortunate traffic fatality warrants prosecution by the state, in certain cases the state may accuse a driver of Vehicular Homicide if there appears to be evidence the driver operated the motor vehicle in a reckless manner likely to cause death or great bodily harm to another. Even though the crash was unintentional, and perhaps even with no alcohol or drugs involved, law enforcement and/or a prosecutor may still charge a person with this high-level felony punishable by up to 15 years in prison.

VEHICULAR HOMICIDE IN FLORIDA

Vehicular Homicide (also called “Vehicular Manslaughter” or “Involuntary Manslaughter”) is a serious traffic offense with life-changing consequences for all involved.

  • Vehicular Homicide
    • Florida Statute 782.071 defines Vehicular Manslaughter as the killing of a human being, or the killing of an unborn child 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.
    • CONDUCT REQUIRED: The conduct necessary to prove manslaughter must be of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them.”
    • Penalties: In Florida, Vehicular Manslaughter is a 2nd Degree Felony, punishable by up to 15 years in prison and/or a $10,000 fine.
    • ENHANCED PENALTIES: If the state proves the driver failed to give information or render aid to a victim, the driver can be convicted of a 1st Degree Felony punishable by up to 30 years and/or a $10,000 fine.
    • COMMUNITY SERVICE HOURS: The court may order a person convicted of Vehicular Homicide to serve 120 community service hours in a trauma center or hospital that treats victims of vehicle accidents.

SEVERE PENALTIES DEMAND A SERIOUS DEFENSE

DUI Manslaughter Vehicle Homicide both carry severe punishment including long prison sentences. Ocala & Gainesville Criminal Defense Attorneys Alavi, Bird & Pozzuto will aggressively defend your rights, reputation, and your freedom. We will fully investigate the crash circumstances, analyze the issues, examine the evidence and relentlessly advocate on your behalf. Let’s get to work on strategizes your defense.

Call (352) 732-9191 or email us today about your case.