F.S. 782.071, F.S. 316.193(3)(c)(3), F.S. 316.027 – Florida Fatal Crash Criminal Charges

Fatal crashes are a tragic reality on Florida’s roads, with major legal implications that can be life-altering survivors and loved ones of those involved. In Fort Lauderdale, when a traffic accident results in death, individuals can face serious criminal charges. The fact that you didn’t mean for anyone to get hurt can sometimes be besides the fact. As a Fort Lauderdale criminal defense lawyer can explain, these are the kind of cases where impact can matter more than intent.

The Florida Department of Highway Safety and Motor Vehicles reports there are an average of 3,300 fatal crashes in the state each year. Not every fatal crash will result in criminal charges. However, if someone died in a crash in which you were a driver, you need to prepare yourself for that possibility. Talking to a criminal defense lawyer as soon as possible – even if you don’t believe you did anything wrong – is the smartest way to legally protect yourself.

Furthermore, understanding these charges – specifically vehicular homicide, DUI manslaughter and leaving the scene of an accident involving death – is essential for anyone involved in such cases.

Florida Statutes 782.071, 316.193(3)(c)(3), and 316.027 govern these offenses, each carrying its own elements and penalties. If you or a loved one is facing these charges, having a skilled criminal defense lawyer can make a crucial difference in navigating the legal complexities, building a defense, and striving for the best possible outcome.

Vehicular Homicide - F.S. 782.071

Florida Statute 782.071 defines vehicular homicide as the killing of another person caused by the reckless operation of a motor vehicle. This offense is typically charged when the driver’s reckless behavior shows a complete disregard for the safety of others. It’s important to note that reckless driving in vehicular homicide goes beyond ordinary negligence or carelessness — it involves behavior that poses a serious risk to others on the road.

To secure a conviction for Florida vehicular homicide, the prosecution must establish:

1. The defendant operated a vehicle recklessly, with a disregard for human life.
2. This reckless operation was the direct cause of another person’s death.

Reckless driving is typically understood to mean operating a vehicle in a way that shows willful or wanton disregard for the safety of other people or property. That can include driving under the influence of drugs or alcohol. It can also mean speeding, fleeing from police, racing other vehicles, running stop lines/stop lights, weaving in and out of traffic or driving far too fast for road conditions.

The state attorney’s office (aka the prosecution) does not need to prove that a driver intended to hurt or kill someone in order to show that they were operating a vehicle with willful or wanton disregard for their safety.

Vehicular homicide is typically a second-degree felony, carrying a maximum sentence of 15 years in prison, along with fines up to $10,000. However, if the driver leaves the scene of the crash without giving information or rendering aid, as required in F.S. 316.062, the offense escalates to a first-degree felony, punishable by up to 30 years in prison.

A key defense against vehicular homicide charges is challenging the “recklessness” element. Your Fort Lauderdale defense attorney may argue that the defendant’s driving behavior was not reckless but rather constituted ordinary negligence.

Additionally, it may be possible to question causation, demonstrating that other factors—such as weather conditions or actions by other drivers—contributed to the crash.

DUI Manslaughter - F.S. 316.193(3)(c)(3)

Under Florida Statute 316.193(3)(c)(3), DUI manslaughter involves causing the death of another person while driving under the influence of alcohol or drugs. In these cases, it’s not necessary to prove recklessness or intent to harm. Rather, the prosecution must show that the driver was impaired at the time of the crash and that this impairment led to the fatality.

To convict someone of DUI manslaughter in Fort Lauderdale, the prosecution must prove:

1. The driver was under the influence of alcohol or drugs to the extent that their normal faculties were impaired or their blood alcohol concentration (BAC) was 0.08 or higher.
2. The impaired driving directly caused or contributed to another person’s death.

DUI manslaughter is a second-degree felony, with a mandatory minimum sentence of four years in prison and up to 15 years, along with fines up to $10,000.

Additionally, a Florida DUI manslaughter conviction often leads to a permanent driver’s license revocation, which can severely impact an individual’s life. If the driver leaves the scene after a DUI-related fatality, the charge may be elevated to a first-degree felony, carrying a maximum of 30 years in prison.

In DUI manslaughter cases, several criminal defenses may apply.

One common defense is challenging the validity of the breathalyzer or blood test, which could result in the exclusion of BAC evidence.

Additionally, the defense might argue that the impairment did not directly cause the accident, especially if other factors, such as mechanical failure or another driver’s actions, contributed to the incident.

Questioning probable cause for the initial traffic stop or detention can also be a viable defense in some DUI manslaughter cases.

Leaving the Scene of an Accident Involving Death - F.S. 316.027

Florida Statute 316.027 addresses the criminal offense of leaving the scene of an accident involving death, also known as a “hit-and-run.” In Florida, drivers are legally obligated to remain at the scene of a crash, provide assistance, and exchange information with those involved. Fleeing the scene, especially when it results in a fatality, is a severe offense.

To prove a hit-and-run involving death, the prosecution must establish:

1. The driver was involved in an accident that resulted in a fatality.
2. The driver knowingly failed to remain at the scene to provide assistance and information.

Drivers leave the scene for lots of reasons, such as not having car insurance, driving on a suspended license, being in the process of committing another crime or afraid of deportation or criminal action.

State lawmakers intentionally increased the penalties for hit-and-run in Florida for two main reasons:

• High incident rate. According to the FLHSMV, there are an average of more than 100,000 hit-and-run crashes reported in the state each year. These often result in serious and fatal injuries – partly because they often involve vulnerable road users (pedestrians, bicyclists and motorcyclists) but also because those injured don’t get the immediate medical attention they need to survive.
• To deprive drunk drivers of the incentive to flee the scene. Prior to 2014 and the passage of the Aaron Cohen Life Protection Act, drunk drivers involved in fatal crashes would be charged with a second-degree felony (15 years in prison) if they stayed on scene and were found to be at-fault and impaired. However, if they fled the scene for a long enough time that their impairment couldn’t be proven (because alcohol and drugs dissipate in the system over time), they might only be charged with hit-and-run, in which case they’d only face a third-degree felony (5 years in prison). The 2014 law imposes a minimum mandatory sentence of four years in prison for drivers convicted of fleeing the scene of a deadly crash – whether they were deemed impaired or not.

Leaving the scene of a fatal accident is a first-degree felony, punishable by a minimum mandatory sentence of four years in prison – but up to 30 years in prison and fines up to $10,000. Additionally, defendants may face other penalties like license revocation and potential civil liabilities for the deceased’s family.

A potential defense is lack of knowledge, where the defense may argue that the driver was unaware that an accident occurred or that it resulted in a fatality.

In some cases, a defense attorney may argue that the driver’s departure was due to fear or personal safety concerns, rather than an intent to evade responsibility.

Demonstrating that the defendant returned to the scene shortly after the crash could also impact sentencing and penalties.

The Role of an Experienced Criminal Defense Lawyer

Facing charges related to a fatal crash is overwhelming and can have lifelong implications. In such situations, a skilled Fort Lauderdale criminal defense lawyer is an invaluable ally. A knowledgeable defense attorney will conduct a thorough investigation into all aspects of the case, reviewing evidence such as traffic camera footage, witness statements, and police reports to identify inconsistencies or errors.

One of the lawyer’s primary roles is to scrutinize the evidence against you and challenge the prosecution’s case wherever possible. In cases involving DUI manslaughter, for example, a defense attorney may challenge the accuracy of BAC tests or argue that external factors contributed to the crash. For vehicular homicide, they may work to disprove the recklessness element or demonstrate that other causes led to the fatality.

Moreover, a defense attorney will navigate the complexities of Florida’s criminal justice system, negotiating with prosecutors to secure favorable plea deals, reduce charges, or even achieve dismissals.

An attorney also ensures that defendants’ rights are upheld throughout the process, guarding against any procedural violations that could unfairly influence the outcome.

If you’re arrested or are a suspect in a fatal crash criminal case in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.

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