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Lakeland Criminal lawyer

Providing attorney representation in Lakeland and Bartow since 1998

Home > Vehicular Homicide

According to automotive insurance industry statisticians a typical American motorist will be involved in a traffic accident every 17.8 years. This means that over the course of a lifetime an average driver may expect to find himself in three or four collisions. The seriousness of these accidents varies of course from the innocuous parking lot fender bender to major interstate highway pile ups. The truth of the matter is that only a very small portion of these unfortunate incidents results in a fatal injury ; only three out of every one-thousand according to this industry. In Florida the number of fatal accidents on State highways has been declining steadily over the years but still hovers around two-thousand five-hundred fatalities per year.  So there is a small but nonetheless distinct probability that you may during the course of your lifetime find yourself involved in an accident which has resulted in the loss of life.

Where criminal liability may attach to such accidents as a consequence of impairment due to the use of alcohol or illicit drugs such cases are pursued quite aggressively by Florida State prosecutors under the DUI manslaughter statutes.  The consequences of a conviction under these statues are quite harsh being punishable to up to thirty years in prison and a ten-thousand dollar fine.  Even in cases where impairment is stipulated as not at issue the prison term upon conviction can rise to fifteen years with a fine of equal magnitude. In addition to these criminal charges a defendant may also incur civil liability in terms of a suit for damages and loss of life by survivors. In view of such severe and devastating consequences a person charged with such an offense needs to vigorously address them with the utmost diligence.

Vehicular manslaughter has several unique criminal defenses

The circumstances under which a fatal automotive accident might occur are typically quite unique. As stressful and enervating and as all of these fatalities certainly are not every case needs result in a prosecutable charge of vehicular homicide. In the event that you are unfortunate enough to find yourself on the receiving end of a vehicular manslaughter charge there is no reason for panic. Several tried and true defenses present themselves in vehicular homicide cases and each hinges upon the specific facts of the case.  

Our Lakeland attorney is skilled in defense strategy

For this reason all of the relevant evidence must be investigated, all material witnesses must be deposed, and the most astute accident reconstruction specialist and expert witnesses must be brought to bear on the defense process. In addition to this substantive approach the absence of certain specific procedural requirements on the part of law enforcement agencies may serve to diminish or entirely defeat a vehicular homicide charge. Under the exclusionary rule culpitory evidence may be thrown out entirely if law enforcement did not rigorously adhere to these requirements.  For example the failure to read the accused his Miranda rights or to inform him of the commencement of a criminal investigation, or to account for a chain of evidence can trigger recourse to this type of defense.

The most effective defense approach to a particular vehicular manslaughter charge requires the discernment of an experienced, board-certified criminal defense attorney.  If you are seeking to hire a criminal defense attorney to defend yourself or someone accused of vehicular manslaughter, you will want to insure that you engage a legal team that has the expertise, experience and track record to manage the defense of a charge as serious as this. David Carmichael and the Attorney’s at Boswell and Dunlap, are Board Certified experienced, aggressive attorneys with the knowledge of how to defend people accused of most any crime, including vehicular homicide. We are also staffed with attorneys qualified to handle any civil liability claims that may arise from such charges. Our primary service area consists of Polk County, Bartow, Lakeland, Winter Haven, Haines City, Poinciana and Lake Wales. We are available 7 days a week. Call us at (863) 533-9119 or email us at DRC@bosdun.com. We value your privacy and will keep any information strictly confidential.

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245 South Central Avenue, Bartow, Florida 33830 | Phone: 863.733.9119

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