Driving Under The Influence Believed To Be Factor In Deaths
A man was arrested recently and charged with various crimes including vehicular homicide, DUI causing death to a human, and DUI with damage to property or persons. Police believe that the man, who drove his vehicle into body of water, was under the influence of alcohol at the time of the incident, which resulted in the deaths of three people. Two men in their twenties and a teenager, all of which who died, were removed from the man’s vehicle. Police and toxicology reports indicate that the driver had both alcohol and marijuana in his system at the time of the accident. The man is now facing a total of eight charges and is being held in jail.
Vehicular Homicide – What Does This Mean?
Florida sets forth the definition of vehicular homicide in Florida Statute Section782.071 as the killing of a human caused by operating a motor vehicle in such a reckless way as to likely cause death or great bodily harm to a person. That person can either be a living person or an unborn child that is killed due to any injury sustained by the unborn child’s mother. This crime can be classified as a either a felony of the first or second degree. Punishment include incarceration, probation, fines and community service. The law provides for up to 120 hours of community service and can be ordered to be served in a variety of settings, typically those such as a trauma center or hospital in which the person is working with victims of vehicle accidents. Additionally, the Defendant can be sued in civil court for money damages.
First Versus Second Degree
The difference in classification affects the severity and extent of the punishment imposed. For instance, a first degree felony is punishable up to 30 years state imprisonment, while a second degree felony is punishable up to 15 years in state prison. In the case of vehicular homicide, the difference in classification between a first degree felony and second degree felony rests on whether the accused knew the accident occurred at the time of the accident’s occurrence and whether the accused gave information and aid to the injured party. If the accused either knew or should have known the accident occurred and failed to give information and aid, then the crime is classified as a felony in the first degree.
Let Us Assist You Today
The criminal justice system can be daunting, but you do not need to face it alone. When you have been charged with a crime, you want someone on your side with the experience to help you get the best results. The office of Deric Zacca, P.A. is the place to turn to if you find yourself in this situation. Attorney Zacca has experience handling all types of criminal matters and has represented parties facing all types of charges. His experience as both a criminal defense attorney and his background as a prosecutor give him a unique combination of knowledge that works to your advantage. You have the best representation available and can feel confident that you will get the best possible results when Attorney Zacca is on your side. Contact the office of Deric Zacca, P.A. now to schedule your consultation today.