One very serious crime that can accompany a DUI charge is Vehicular Manslaughter. Accidents are one of the most common causes of death in the United States. aggravated assault while DUI In the modern era, cars are essential means of transportation for most people but they can cause fatal incidents if operated in an unsafe manner, which in some cases can be considered a criminal offense. One type of criminal offense relating to accidents is homicide by vehicle which is defined in section 3732 of the Pa criminal code. In order to prove that a homicide by vehicle has occurred, the prosecution must prove beyond a reasonable doubt that the individual operating the vehicle acted in a reckless or grossly negligent manner. If the prosecution decides to charge someone under this statute they have the burden of proving that the manner in which the individual was driving meets this standard. It is pretty well established in the law what behaviors constitute reckless or negligent behavior. For instance, talking while on the cell phone could be considered reckless behavior because the act of talking on the phone could be the reason that the fatal accident took place.
Another common behavior that the prosecution might use to prove recklessness in a Vehicular Manslaughter case where DUI is not charged is the act of speeding. Speeding can be considered reckless because any reasonable person can see that this act could lead to an accident which could result in the killing of another individual. occupational limited license Homicide by vehicle is a felony of the third-degree which carries with it a sentence of up to seven years incarcerated. This offense is a very serious offense and it is important if you find yourself in being charged under this statute to find good legal representation. A good defense attorney can help build a defense against this charge. A typical defense might include arguing that the accident was not in fact the cause of death of the individual. Or they could argue that the behavior that is considered reckless or negligent is actually not reckless or negligent at all. The experienced attorneys at the Law Offices of Kelly and Conte are the right choice in helping you with all your legal needs.