There are many factors that determine if
a driver will get jail time for a driving offense. Vehicular homicide is
undoubtedly where any offender is likely to face a long prison term. For the
most part, state laws, the location, and the vehicles involved play an
important part in the court sentence.
For example, truck accidents are
usually more complex since these vehicles are governed by a different set
of laws as compared to smaller vehicles. In addition, in some states like
Maryland, drivers guilty of their first DUI can face up to 1 year in jail while in other states a DUI offender may be
required to do prison time for the second or third DUI conviction.
Vehicular
Homicide/Manslaughter
When reckless driving by an individual
causes death then the offender is likely to be charged with vehicular homicide
and will certainly need a Baltimore, MD accident lawyer for defensive purposes
(http://accident.usattorneys.com/maryland/). In such a case, negligent driving
is deemed to have caused the death of an individual. On the other hand, in some
states the defendants are simply charged with murder or manslaughter.
Maryland accident attorneys know that a
judge would consider several factors surrounding the case prior to determining
the sentencing for vehicular homicide. The penalties may include up to 10 years
or more in prison in addition to fines and revocation of the offender’s driving
privileges. If you really did something like this you would really be guilty
for life though. Subconsciously, it would eat at you forever.
After you serve your time and then
return to civilian life you will have to find a job and catch up with the world
if that is possible. By this point, you would have already apologized to the
family of the deceased and lost all of your possessions and so on. Even if you
do find a decent job when you get out and begin to make some progress with your
life you will never be able to escape the fact that your selfish behavior
ruined one life fatally and probably several others psychologically.
The victims might be a pedestrian,
passenger in the defendant’s car, driver of another vehicle or a cyclist. The
prosecutor will have to prove that a violation by the driver caused the
accident which led to the death. This means even if you have committed a minor
misdemeanor you can still be convicted for vehicular homicide. In addition, the
court will consider the circumstances that caused the accident where sometimes
a driver may get away with a suspended sentence.
Serious
Penalties
The charge against a drunk driver is
escalated to a more serious misdemeanor if the other driver, passenger, or
pedestrian suffered an injury in a DUI crash. The penalty for an impaired
driver with a BAC of less than .08% and who causes an accident can include 2
years in jail if he or she causes life-threatening injuries to another driver,
passenger, or pedestrian. The jail time may be enhanced to 3 years if they were
driving drunk which means their BAC is over .08%.
Jail
Time for First Time DUIs
As mentioned earlier, first time DUI
offenders are likely to face a prison sentence which can be significantly
longer if it is proved that alcohol caused an accident and the death of one or
more individuals. However, there are exceptions where a Baltimore, MD accident
lawyer may be able to get a driver off the hook or at least have the charges
mitigated and somewhat erased.
This happens if the lawyer is able to
prove that his or her client cooperated with the officers at the scene, took a
drug test willingly, or the driver suffer from impairment of some kind. Lawyers
have the skills and resources to identify loopholes in police procedures and
local court policies.
If you run the risk of being charged
with a DUI following an accident it would be appropriate to consult a Maryland
accident lawyer as soon as possible.

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