If someone is involved in an accident and another motorist dies, there are usually civil consequences, but when is the line crossed and the matter becomes criminal? In Florida, vehicular homicide is 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. Florida Statutes § 782.071. Vehicular homicide in Florida is a second-degree felony, punishable by up to fifteen years in prison, 120 hours of community service at trauma center or hospital, and a driver’s license revocation for a minimum of three years. Under the Florida Punishment Code, the lowest permissible prison sentence for a person convicted of vehicular homicide is a little over nine years in prison. When a motorist fails to exchange information or render aid, the charge is elevated to a first-degree felony, punishable by up to thirty years in prison.
Unfortunately, what constitutes driving in a “reckless manner likely to cause death or great bodily harm” does not have a precise definition and it is decided on a case by case basis. Merely negligent or careless conduct while driving is not enough and is must equal reckless driving, which is “willful or wanton disregard for the safety of persons or property.” Florida Statutes § 316.192. Speed is usually not enough and it must be accompanied by some other factor, such as weaving in and out of lanes, driving around a dangerous curve in the dark while speeding excessively, or driving twice the speed limit in heavy traffic.
What is even more concerning is that, when determining whether the facts of an accident rise to the level of vehicular homicide, a law enforcement officer can consider whether a person consumed alcohol or prescription medication even if the driver is not intoxicated. However, Florida district courts of appeal have been very mindful of this problem and have reversed convictions when law enforcement has improperly used this factor. In Stracar v. State, 126 So. 3d 379 (Fla. 4th DCA 2013), the Fourth District held that the evidence was insufficient to support conviction for vehicular homicide even when the defendant drove her vehicle into the opposing lane of traffic, did not attempt to brake the vehicle or avoid the crash, and when she tested positive for multiple substances, including alcohol, marijuana, oxycodone, and Xanax. Likewise, in State v. May, 670 So. 2d 1002 (Fla. 2d DCA 1996), the Second District found that there was no reckless driving where the defendant, while under the influence of strong medication, swerved across lanes of traffic and off the road into a yard. Similarly, in W.E.B. v. State, 553 So. 2d 323 (Fla. 1st DCA 1989), the First District held that the evidence was insufficient to constitute reckless driving where a juvenile had consumed alcohol, he was speeding, and he drove off of the road from overcorrecting his turn.
If you or a loved one has been charged with or convicted of vehicular homicide, please not hesitate to contact our office for a free consultation. It is critical to have a board certified expert review your case.