A night out with friends or co-workers can be a great way to blow of steam and let go of the stresses of the work week. A Florida resident may allow themselves the luxury of having a few laughs and a few drinks before deciding that it is time to head home. When away from home and when consuming alcohol, it is a good idea to have a designated driver to avoid any possible run-ins with the law. One horrific legal charge that can befall a person who is suspected of driving with alcohol in their system is DUI vehicular manslaughter.
DUI vehicular manslaughter is a charge that prosecutors can issue when a person kills another person while drunk driving. The consequences of a conviction are significant, and those who are facing this charge can work with criminal defense attorneys to fight their charges. This post discusses the charge of DUI vehicular manslaughter but no part of this post should be interpreted as legal advice.
The elements of the charge
Generally, criminal charges possess at least two basic elements – an action and an intention. For example, in many jurisdictions, a theft is proven when it can be shown that a person both intended to take something that belongs to someone else, and actually does take the item.
DUI vehicular manslaughter in Florida is different. A prosecutor does not have to show an intention to cause loss of life or even an intention to do harm. Rather, simple negligence is all that must be proven. Negligence is generally recognized as the failure of a person to meet their duty of care to others and act reasonably given their circumstances. In addition to simple negligence, intoxication must be proven for a DUI vehicular manslaughter charge to be proven.
Defending serious criminal charges
Criminal convictions can have long-term devastating effects on the lives of those charged. In addition to jail time and fines, individuals may find that their rights have been reduced due to their convictions and alleged crimes. While there are no guarantees in the law, individuals facing DUI vehicular manslaughter and other serious criminal charges can benefit from working with dedicated criminal defense attorneys.