Vehicular Homicide (also known as Homicide by Vehicle)

July 17, 2018By Brian Manchester

If you were involved in a traffic accident that resulted in the death of another driver or pedestrian, you may be charged with Vehicular Homicide.

We understand this may be an extremely difficult and emotional time for you, and the legal implications simply exacerbate the situation. Brian Manchester can help you through this process by explaining your rights and options, and aggressively defending you throughout the entirety of your case.

Vehicular Homicide is the unintentional killing of another person by breaking a traffic law while engaging in reckless or grossly negligent driving.

The charge is a third-degree felony and the penalty is up to seven years in prison, $15,000 in fines, and a suspension of license for up to three years. In addition, time may be added to the prison sentence if the accident occurred in a work-zone or while the driver was texting. Thus, Vehicular Homicide is functionally the same as Involuntary Manslaughter While Driving a Vehicle.

Remember, more severe is a DUI Homicide by Vehicle conviction, which is a second-degree felony and the penalty is up to ten years in prison and $25,000 in fines.

To be convicted of Vehicular Homicide in Pennsylvania, conduct more than mere speeding is required. The most common way the prosecutor establishes someone’s guilt is by proving they
were driving under the influence of alcohol or prescription drugs. However, driving without any lights, driving on the wrong side of the road, racing with another car, or any other example where the driver was committing a serious traffic violation and a death occurred can lead to a conviction for this charge.

In addition to proving you were driving recklessly or in violation of a traffic law, the prosecutor must also prove that your driving is what actually caused the death of the other driver or pedestrian. You cannot be convicted of Vehicular Homicide if your traffic violation was not a direct and substantial factor in causing the other party’s death. Thus, it is important to hire an experienced criminal defense attorney like Brian Manchester to raise defenses that create a reasonable doubt about the causation of the death. Defenses include establishing the death occurred at a time in which you were not committing the traffic violation, or the victim was partly responsible for the accident, or some other event (like rainy conditions) played a role in why the accident happened, or the evidence against you is weak or ill-gotten, and much more. If the jury has a reasonable doubt about any one of the above three elements, you must be found innocent.

Brian Manchester has been a criminal defense attorney for almost twenty years and can make sure that you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.

Posted in: Aggravated Assault By Vehicle

Share this Article

Brian Manchester

About the Author

Criminal & DUI Defense Attorney Brian Manchester helps his clients Fight Criminal & DUI charges in Pennsylvania.

Client Testimonials

  • “Mr. Manchester is the lawyer I would hire if accused of DWI. He is concerned for his clients and aggressively defends their cases. He has completed the most rigorous training to be one of the best DWI lawyers in the State. His determination and knowledge will serve you well when he is your attorney.”
  • “I endorse this lawyer. Mr. Manchester is well versed with the evidential pitfalls of hospital blood testing. With this knowledge, he has been able to effectively represent those accused of alcohol related offenses. Recently, Mr. Manchester has provided me with assistance on a complex blood analysis case.”
  • “I am both surprised and proud to be one of the first lawyers to highly recommend Brian as a criminal defense and DUI lawyer. Brian’s knowledge of criminal defense, and especially in the area of DUI, is unmatched. Not only does Brian possess a great working knowledge of the law, he has also dedicated himself to the underlying science necessary to successfully defend DUI and criminal cases involving blood test results. Brian is committed to excellence and receives my recommendation without reservation to those looking for a knowledgeable and committed criminal defense or DUI attorney.”
  • “Attorney Manchester is well-known for his strong work ethic. He is the type of attorney that you would like to have involved in your case. Known as a person who stands up for principle, Attorney Manchester has the guts that is needed (but sadly is missing in a lot of criminal defense attorneys) to defend the citizen accused. He is certainly not afraid to defend people who have been accused by the government of being in violation of the law. His favorite two words seems to be “Prove it!””
  • “Brian Manchester is a knowledgeable, dedicated attorney, with the skill and ability to successfully defend citizens who are accused of driving under the influence. I highly recommend Brian.”
Read More

CONTACT US
EMERGENCY CONSULTATION 24/7

(888) 994-7616

Topics

search

Our Other Blog

Pennsylvania DUI Defense Blog

Recent Entries

The Juvenile Justice System – Part 1 Common Examples of Title IX (Nine) Sexual Misconduct Homicide By Vehicle While DUI of Prescription Drugs

Effective Criminal Defense

Free download