In a Daytona Beach vehicular homicide case the state must have evidence showing the accused killed someone by operation of motor vehicle in "reckless manner likely to cause the death, or great bodily harm to, another" to support conviction. The accused does not have to foresee the specific circumstances causing the death of a victim in order to be convicted of vehicular homicide; the person must have reasonably foreseen that the same general type of harm might occur if he or she knowingly drove a vehicle under circumstances that would likely cause death or great bodily harm to another. In determining whether a defendant was driving recklessly, as an element of a Daytona Beach vehicular homicide, the analysis first involves a determination of what the circumstances were at the time the defendant was driving; once the circumstances are understood, the analysis concludes by asking if it was reasonably foreseeable under those conditions that death or great bodily harm could occur. The road conditions and what the accused could foresee are elements of the state’s case and an experienced Daytona Beach vehicular homicide attorney can unravel possible defenses. Attorney Kevin J. Pitts focuses his practice on DUI defense and understands how to fight these cases.
Daytona Beach Vehicular Homicide Law
782.071 Vehicular homicide.—“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.
(1) Vehicular homicide is:
(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s. 316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
(3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.
(4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.
Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114