There are many ways you and your lawyer can overcome the charges against you. However, the sentence could be as high as 10 years. If you're facing a Pennsylvania DUI homicide by vehicle while driving under the influence charge, you need a team of top attorneys fighting for your rights and freedom. Poor weather conditions. While vehicular homicide is a complex case in its own, it is essential to retain an experienced Norristown DUI defense lawyer for this type of case. Homicide by Vehicle is defined in the Motor Vehicle Code. If you are facing criminal charges and need legal help, contact the West Chester, PA DUI lawyers at DiCindioLaw, LLC to schedule a free initial consultation. The married couple died from multiple blunt force injuries and their deaths were ruled. However, if you are a first-time offender, the state's prosecutor may be willing to work with your homicide by vehicle lawyer to obtain a lesser charge or reduced sentence. 2d 310, 312 (1961) ("Legal theory which makes guilt or innocence of criminal homicide depend upon such accidental and fortuitous circumstances as are now embraced by modern tort law's encompassing concept of proximate cause is too harsh to be just. The only factor remaining to be considered is the reasonableness of imposing such grave consequences upon a driver whose violation of a traffic law is only ordinarily negligent. Court-ordered mental health counseling. You want an attorney who has a strong grasp of exactly what vehicular manslaughter is, with the experience of working with the prosecution and the courts, as well as in reading and interpreting the law. 539, 94 S. 2963, 41 L. 2d 935 (1974); Commonwealth v. Hernandez, 339 32, 488 A.
In light of our primary holding that the present conviction violates substantive due process, we will not address whether the causation element of vehicular homicide is constitutional. Anyone alleged to have caused the death of another person while DUI can be charged with homicide by vehicle while driving under the influence - a second-degree felony. Our Reading DUI attorney is an aggressive defense lawyer who seeks the most favorable outcome possible for our clients. Prosecutors must prove their allegations beyond a reasonable doubt, meaning that the evidence is so clear a rational person could arrive at the conclusion a crime occurred. Call McKenzie Law Firm, P. If You Are Facing Charges for Killing Someone While Driving Drunk in Pennsylvania. The Commonwealth must prove your guilt beyond a reasonable doubt. Indeed, the Crimes Code defines the term "criminal homicide" so as to include "murder" and "manslaughter. " Calculating a Minimum Sentence for Homicide By Vehicle in Pennsylvania.
2d 1339 (1983) (Opinion by Larsen, J., joined by Zappala, J. The Bucks County homicide defense attorneys at Young, Marr, Mallis & Associates explore the potential penalties – including jail time, fines, and sentencing – for homicide by vehicle involving a DUI in Pennsylvania. When you are facing this type of charge, you should retain a criminal defense lawyer as soon as possible. This unique combination of resources and training makes The McShane Firm your smartest choice. 741, 246 N. 2d 74 (1976); Cleveland v. Pellech, 8 Ohio Misc. These are crucial pieces of evidence for the state's attorneys, and the key to successful defense if vehicular homicide charges is often contesting the drug or alcohol test results. Improperly graded roads. You were lawfully operating your motor vehicle outside of an active work zone at the time of the incident. In this respect, whatever the intent of the violator, the injury is the same, and the consequences are injurious or not according to fortuity. What are the Penalties for Vehicular Homicide While Under the Influence? Homicide by Vehicle Penalties.
By law, if there are multiple deaths, the three year mandatory minimum is stacked or ordered to be served one right after the other. Ignoring warning signs. 18 Pa. C. S. § 106: Under Subsection (b)(4), this law allows judges to impose up to seven years imprisonment. In general, fewer defenses are available for vehicular homicide cases than for other types of homicide offenses since the requisite mental state is recklessness. § 5122(a)(1), (2); various firearms offenses, id. This is a felony, punishable by up to 10 years in prison for each person's death and $25, 000 in fines for each person's loss of life. C. M. Thank you Attorney Emkey for your hard work. In this case, the jury would have had to speculate to find that the driver-defendant's vehicle crossed the center lane of travel prior to the collision. In other words, the government must establish that the death (or deaths) was directly attributable to the driver's intoxicated state. Other vehicle code infractions such as speeding. Face difficulties getting hired. Our criminal defense attorneys have spent their careers obtaining a comprehensive understanding of how to apply defense strategies that lead to favorable results for clients confronted with severe criminal offenses. In Pennsylvania, homicide by vehicle occurs if a driver recklessly or with gross negligence causes the death of another person and causes that death while violating another law, such as speeding, drag racing, or even driving outside of their lane of travel. Driving while taking a prescription which warns against driving.
The judge does not have to consider your financial abilities when ordering you to pay fines. Fortunately, The McShane Firm has helped many people who have faced these and similar charges and is ready to answer your questions and help protect you. Additionally, if more than one victim was killed, the one responsible will receive an additional three years in state prison for each person who died. If you are convicted of homicide by vehicle while DUI, you could be facing a mandatory minimum sentence of three years in prison. The prosecutor must prove you were driving recklessly when the homicide occurred and if you did not, a strong criminal defense attorney will be able to gather enough evidence to show you obeyed Pennsylvania's traffic laws, even amidst these tragic circumstances.
Barone was decided at a time when the culpability element of vehicular homicide remained unsettled). Vehicular Homicide while DUI Defined under 75 Pa. C. S. A. The decisions, however, have taken a harsher and even less subjective approach to causation, and frame the issue in terms of tort concepts of proximate cause. If convicted, you will face a minimum of three years in jail, with a maximum of 10 years behind bars, for each person who lost their life. Vehicular homicide—DUI, which many states commonly refer to as aggravated vehicular homicide, is a much more serious offense than conventional vehicular homicide. This may include witness statements, weather reports, scene analysis, crash report analysis, and looking for surveillance video of the incident. 433, 447, 42 S. 368, 373, 66 L. 700, 706 (1922) (Brandeis, J., *204 dissenting, joined by Taft, C. J., and Holmes, J.
The crucial inquiry is whether the defendant's violation was a "substantial factor" in producing the victim's death, see id. I would highly recommend The McShane Firm for any representation. You could have done so because you broke a traffic law, or because you were driving recklessly or were grossly negligent in the operation of your car. The minimum sentences range between 3-12 months and 40-52 months for each deceased individual depending on your prior record. Under Pennsylvania's involuntary manslaughter law (18 PA Cons Stat §2504), a prosecutor can charge you with a first-degree misdemeanor if you recklessly or with gross negligence perform a lawful or unlawful act that causes another person's death. We collect evidence and identify weaknesses in the Commonwealth's case against you. 506 Pa. at 467, 485 A. Under Pennsylvania caselaw, a driver-defendant is allowed to introduce evidence which establishes that something other than or in addition to his or her violation of the Vehicle Code caused the accident and resulting death. Criminal negligence is present where the actor's failure to perceive a substantial and unjustifiable risk is a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. 75 Pa. §3735 states that an individual has committed vehicular homicide while DUI when he or she unintentionally causes the death of another due to a violation of §3802 (driving under the influence of drugs or alcohol). See, e. g., § 32-5A-192(b) (one to five years plus fine); cf. Finally, the Court recognized that Moyer was familiar with the intersection and had driven through it numerous times. Appellant next contends that the Field requirement that death be a "probable consequence" of the violation renders the statute unconstitutional because it imposes criminal liability on an "absolute liability" theory of causation, see 18 Pa. § 303(d).
Of course, when someone is killed through inadvertence or negligence, monetary recovery can never make up for the loss. Prosecutors can rely on other types of evidence to show that you were intoxicated or impaired, including traffic cameras and witness testimony. I couldn't have asked for a better attorney than Tim. Judge Robert L. Steinberg. Another profitable comparison on the element of mens rea can be had with the drunk driving law, 75 Pa. § 3731. Even if such a defense is not entirely successful, your attorney could still have your charges reduced. Cf., e. g., Commonwealth v. Setsodi, 303 482, 450 A. 497 Pa. at 54, 438 A.