Vehicular Homicide

VEHICULAR HOMICIDE CHARGES CAN BE DEFENDED! HERE IS HOW:

Knowing the law is a must . But it is not enough. To defend vehicular homicide charges effectively, a lawyer must also know:

• The science of blood testing when it comes to drugs and alcohol
• How drugs and alcohol interact with a person’s body 
• Accident reconstruction
• Experience defending these charges every week for decades

A law firm is doing you a disservice in taking these cases if they do not have the combination of knowledge and experience.

Accident Reconstruction

Accident reconstruction is a vital part of defending vehicular and DUI homicide charges. Establishing the facts of the accident is an essential first step. This may include witness statements, weather reports, scene analysis, crash report analysis, and looking for surveillance video of the incident.

Drug & Alcohol Testing

A good attorney must know the science surrounding blood testing and lab procedures better than the government do. These are crucial pieces of evidence for the state’s attorneys, and the key to successful defense if vehicular homicide charges is often contesting the drug or alcohol test results. The Team at Manchester & Associates has specific training in reading and analyzing lab test results and a deep understanding of the procedures that are supposed to be followed for laboratory testing. Most law firms work on vehicular homicide cases occasionally. We work on these exact types of cases every month.

BEING CHARGED DOES NOT MEAN YOU WILL BE CONVICTED

An experienced attorney will be able to help you fight these charges and acquire the best possible outcome. While you may feel that there is a lot of evidence against you, there are a lot of opportunities to challenge this evidence and establish defenses. To name a few defenses: 

• Test results:
  • Chain of Custody of results
  • Hospital blood test:
    • Did the hospital follow forensic testing guidelines?
    • Did the hospital use a testing method approved by the Department of Health? 
    • Was the hospital approved for the forensic testing of drugs? – few hospitals in Pennsylvania are approved, and this is a great way to keep test results out of evidence
    • Did the hospital use a screening test or a confirmatory test?
  • Urine tests – these are inadmissible in Pennsylvania
  • Is the government able to relate any admissible test results to the impairment? 

• Admissibility of the Drugs Test Results:
  • In Pennsylvania, very few drugs have minimum detection levels set forth by the Department of Health. This is important because minimum detection levels are required for admissibility of drugs in a criminal case.
    • For example, buprenorphine and fentanyl do not have minimum detection levels and are not admissible in Pennsylvania. 
  • Attorney Manchester set the Appeal Court precedent in Pennsylvania on this issue in a case involving buprenorphine.

• Outside Contributors:
  • Were road conditions, road signs, or the road design a cause of the accident that is alleged to have caused the death?
  • Were you the actual driver?
  • Did the other driver cause the accident? 

HOMICIDE BY VEHICLE WHILE DUI: DESCRIPTION AND PENALTIES

Homicide by Vehicle While DUI is a Second-Degree Felony. Charges arise when the driver unintentionally causes the death of another while driving under the influence of drugs or alcohol. In PA, this offense comes with mandatory minimum sentences that the judge must impose. If the driver has no prior DUI offense, the mandatory is 3 years. If the driver does have prior DUI offenses, the mandatory minimum is 5-7 years depending on the number of prior offenses. Further, if there is more than one deceased person, the law requires that the mandatory sentences be served consecutively. The prosecution must establish 3 elements to prove the offender guilty of Homicide By Vehicle While DUI: 

• A death occurred
• The driver was under the influence of drugs or alcohol
• The death was caused by the driver operating the vehicle under the influence of drugs or alcohol

HOMICIDE BY VEHICLE: DESCRIPTION AND PENALTIES

Vehicular Homicide, also referred to as Vehicular Manslaughter, occurs when the driver unintentionally causes the death of another person while breaking a traffic law, and driving recklessly or acting grossly negligent in the operation of their vehicle.  As a third-degree felony, the judge can charge you with up to 7 years in prison, a maximum fine of $15,000, and a 3-year license suspension. The minimum sentences range between 3-12 months and 40-52 months for each deceased individual depending on your prior record. Under PA law, certain factors enhance the sentence, including whether the violation occurred in a work zone, was the result of texting, or was in an emergency response zone. It is beneficial to know however that there are no mandatory minimums for this offense, or mandatory consecutive sentences that the judge must assign. The prosecution must show 4 things to prove the driver’s guilt: 

• The driver caused a death
• The driver acted recklessly or was grossly negligent
• The death occurred while the driver was breaking a traffic law
• Breaking the law resulted in the death

Beyond prison sentences, these charges can impose collateral consequences. The driver may incur financial burdens including fines ranging from $15,000 – $25,000, or the driver may be required to pay the medical bills incurred by the victim’s family. As these charges are felonies, among other limits, a convicted felon may not own a gun or travel outside of the country, and may suffer employment consequences. Lastly, the driver could have their license revoked and the laws on that change quite often.

Conclusion: Call A Professional.

These are serious charges that cannot be ignored. Contact an experienced attorney from the law offices of Manchester & Associates immediately for your best chance of defending against Homicide by Vehicle while DUI and Vehicular Homicide charges.

To discuss your specific situation, contact our team for a free consultation at our toll free number (800)-243-4878 or through the contact button below.