Criminal defense attorney Matt Shafran at Weinstein Legal is ready and waiting to take your case. If you need to hire a defense lawyer for DUI manslaughter & vehicular homicide charges, do not hesitate. Contact us today for a free case evaluation. Every day that passes is another day the prosecution is building a case against you. You deserve to have a lawyer on your team that works just as hard to exonerate you. Weinstein Legal is the firm to turn to for the best results.
DUI Manslaughter in Florida
DUI manslaughter, by definition, is when a motorist causes the death of another person while driving under the influence of alcohol or drugs. Law enforcement may charge you with DUI manslaughter if you are in an accident with another vehicle and a person inside dies, if you hit a pedestrian or cyclist who dies, or cause property damage with your vehicle that results in a death.
The death does not have to occur at the scene of the accident. If an individual suffers an injury as the result of your driving and you are under the influence and they later die at the hospital police may still press charges against you.
DUI manslaughter is generally classified as a type of involuntary manslaughter. Involuntary manslaughter occurs when a death happens as the result of a person's actions, but without intent. You may also hear this charge referred to as vehicular manslaughter–death by car.
However, when you are under the influence the courts take this extremely seriously. Even though you did not mean to harm anyone, had no malicious intent, and did not cause a person's death on purpose, a prosecutor's office can still charge you. Hire a DUI manslaughter lawyer immediately.
Areas in Florida We Represent
When the consequences of a conviction for DUI manslaughter and vehicular homicide are up against you, seek the legal assistance of a defense attorney immediately. At the Weinstein Legal Team, we represent individuals in South & Central Florida and the Treasure Coast.
"Matt and his firm made the process so smooth and eased me through the entire case. You literally get more than you retain with them. I could never imagine calling anyone else if I should ever need." - K.S. - Prior Client
Difference between DUI Manslaughter & Vehicular Homicide in Florida
According to Florida Statute 782.071, vehicular manslaughter is a second-degree felony charge. Vehicular manslaughter occurs when a driver causes the death of another individual by driving recklessly. The driver does not need to be under the influence of alcohol or drugs in order to receive charges. For example, if another person dies as a result of texting and driving, talking on the phone while driving, or an accident caused by street racing, you may face charges for vehicular manslaughter.
To establish guilt for vehicular manslaughter in Florida, a prosecutor must only prove that you drove your car in a way that you knew was likely to kill or injure another person. Only the most experienced vehicular homicide attorneys can help with a case like this.
Penalties for DUI Manslaughter Charges
The loss of life is tragic and the consequences of DUI manslaughter are severe. According to Florida Statute 316.193, the charge is a second-degree felony. A conviction carries a sentence of a minimum of four years in prison, by law. However, you may face up to 15 years in prison depending on the circumstances of your case and sentencing is at the discretion of the judge. For this reason, you must have a DUI manslaughter lawyer on your side fighting for the minimum sentencing or to potentially have your charges dismissed.
In addition to prison time, there are several other penalties associated with a DUI manslaughter conviction. You will permanently lose your driver's license, without the chance to reinstate it at a later time. You will have to pay substantial court fees and fines and you may have to pay restitution.
Life as a convicted felon is difficult. You will lose your right to vote for some time, you will not be able to own or carry a firearm, and you may find it extremely difficult to find employment or housing. With so many of your rights at stake, you must have a legal time that is ready to fight for you. Weinstein Legal is that legal team.
Defenses for DUI Manslaughter
With a good DUI manslaughter lawyer on your side fighting in your defense, all hope is not lost. Do not assume the worst or forgo hiring an attorney because you think you don't have a chance at freedom or exoneration. There are defenses available if you are facing charges, and an experienced legal team will know how to best collect the evidence and present the facts to strengthen your case. It may be possible to have your charges reduced or dropped before you even see a courtroom.
There are several key things that defense attorneys look for when fighting a DUI manslaughter charge. Remember, the prosecutor must be able to prove beyond a reasonable doubt that you are guilty. At the Weinstein Legal Team, we work to ensure that this does not happen. Here are three of the main defense strategies that may be used in your case.
Establishing You Were under the Influence
First, the prosecutor must be able to prove that you were under the influence of drugs or alcohol at the time of the accident. Often, police submit their testimony describing their observations of your behavior or demeanor. This evidence is circumstantial. If there is not a blood sample or breathalyzer result that shows you were under the influence, the case may not hold up. Additionally, if there is any question regarding how reliable the breathalyzer machine is or whether it malfunctioned you may have an excellent defense.
Establishing Police Protocol
Police must follow protocol whenever they arrest an individual, regardless of the charge. If the police do not follow proper protocol or violate your rights once they detain you, you may have a chance to beat the case. For example, they must complete reports correctly, provide proper documentation and evidence, read you your Miranda rights at the time of your arrest, and allow you the opportunity to speak with a DUI manslaughter attorney.
The most important element of a DUI manslaughter case is proving that you are the one responsible for another person's death. If law enforcement and the prosecutor's office cannot prove that your actions or the accident caused the individual's death then they do not have a case. For example, if the person lost consciousness while driving and swerved into you, or their vehicle malfunctioned and caused the accident. These things may be challenging to prove, which is why having an aggressive lawyer on your side presents you with the best chance of winning your case.
Vehicular Homicide in Florida
Although vehicular homicide is often an accident, the charge is still punishable by significant prison time. If a judge or jury finds you guilty of the charge, you may face up to fifteen years in prison followed by another fifteen years probation. You are also likely to face more than $10,000 in fines in addition to court costs and possible restitution. Due to the seriousness of the offense, in the state of Florida vehicular manslaughter comes with a minimum penalty of just over nine years in prison.
Additionally, extenuating circumstances at the scene of the crime can make the potential penalties even more severe. For example, if you leave the scene of the accident, fail to render aid, or do not provide your information to law enforcement you may face up to thirty years in prison.
Best Defense for Vehicular Homicide Charge
You must hire an aggressive lawyer to represent you in court if you are facing charges for vehicular homicide in Florida, as the penalties can affect you for many years to come upon conviction. There are defenses available to you and an experienced attorney will know how to best build your case.
Do not hesitate. Contact us today for your free initial consultation at 561-931-6687.
To receive a conviction for vehicular homicide, prosecutors must prove that you knowingly and intentionally drove in a way that any other reasonable person knew would be likely to cause the death of another individual. For example, simply speeding and getting into an accident is generally not grounds for vehicular homicide, even if a person dies.
Why Hire Weinstein Legal?
If law enforcement arrests you, you have the right to speak with a DUI Manslaughter & Vehicular Homicide before you begin questioning. Do not let the police tell you otherwise. As soon as you are arrested, ask to call an attorney. Contact criminal defense attorney Matt Shafran to begin building your defense case immediately. We will begin gathering evidence in your defense, ensuring that law enforcement followed all proper protocols at the time of your arrest, seeking witnesses that may be able to support your case and more.
Our phones are available 24-hours a day 7-days a week so there will never be a time when your call goes unanswered. You will never be left without access to your legal team and DUI manslaughter attorney. No matter what time of day you call, you will receive a response. At the Weinstein Legal Team, we serve all of South & Central Florida and the Treasure Coast with Law Offices in Orange, Broward, and Palm Beach County.
Hiring a DUI Manslaughter & Vehicular Homicide Lawyer in Florida
With so much to lose if you go to trial for DUI manslaughter and vehicular homicide charges, you must take action immediately. All hope is not lost and there is a chance that you can beat your case. When you hire the best legal representation you have the ability to fight in court, protecting your rights. This will give you the opportunity to possibly avoid prison time, to keep your driver's license, and to avoid the consequences of living as a convicted felon. That is precisely what we fight for here at Weinstein Legal.
Contact an Experienced Florida DUI Manslaughter & Vehicular Homicide Lawyer
At the Weinstein Legal Team, our legal team will work hard to ensure your rights are protected. Contact criminal defense attorney Matt Shafran today at 888-626-1108 or contact us online to speak to a DUI manslaughter & vehicular homicide defense attorney today.