What are the elements of vehicular homicide charges from a drunk driving accident? Is there any defense against such charges?

Just being charged with driving under the influence is a rather serious predicament for any driver. However, the consequences are even graver in a vehicular homicide charge (or some form of it) because someone was killed as a result of the car accident and the driver was allegedly driving under the influence of drugs and/or alcohol, acclaim Las Vegas, NV drunk driving accident lawyers. This can also influence any accident insurance claim.

Definition of vehicular homicide

As per the state legislation in effect in most states, for a DUI vehicular homicide charge to be filed against someone, the essential elements are as follows:

1. A homicide was committed

2. The homicide was committed by means of a motor vehicle

3. The driver or operator of this motor vehicle was under the influence of alcohol or drugs at the time of the accident

In some states, it is mandatory that the prosecutors prove the driver’s intoxication during the time of the car accident in order to have the driver convicted of vehicular homicide while in other some other states, the prosecution only needs to show that impaired driving was the proximate cause of the death.   

If you need a Las Vegas drunk driving accident lawyer then USAttorneys.com is your best bet. Las Vegas is the best gambling mecca in the world but using USAttorneys.com is not a gamble, it is a sure thing!

Homicides are further classified into other crimes and not all of these are the same in terms of legal consequences and definition. Homicides can be further classified into:

1. Murder – Malicious intent was involved. In some states, death caused by a drunken driver is considered murder, say Nevada drunk driving accident attorneys.

2. Manslaughter – This is when there was intent to kill, but not with malicious intent. Wanton endangerment, reckless driving, and gross negligence cases which result in murder can be classified in most jurisdictions as manslaughter.

You can see some serious reckless driving in the movie Four Brothers with Mark Wahlberg and Tyrese Gibson who play Bobby Mercer and Angel Mercer, respectively. Now in a scene in that movie these brothers, only two named here, are chasing two thugs who killed their mother. These out of town killers were supposed to leave town but they are thugs, they are not that bright.

The brothers track them down to a club and proceed to chase them which turns in a car chase. Despite the snow, slippery streets, and it being at night, the Mercer brothers chase down these thugs and extinguish them. Good riddance! This is what should happen to all thugs but that is another story.

Now these two dead killers were probably driving drunk but that does not matter much since they were killed and even though someone from a distance could believe they were the victims they were not. They killed the mother of the Mercer brothers and they got what they deserved. They were not assets to society.

3. Criminally negligent homicide – This is a lesser crime which is only existent in some jurisdictions. It is when a person caused the death of another person while driving a motor vehicle in a criminally negligent manner, but the case and the circumstances are not sufficient to qualify for a murder or manslaughter charge, point out Las Vegas, NV drunk driving accident lawyers who can be found right here @ Drunk-Driving-Accident.USAttorneys.

Proof of vehicular homicide and defending yourself

The involvement and role of a drunk driving accident lawyer in defending a driver convicted of vehicular homicide is crucial. Prosecutors, judges, and juries are usually biased against anyone charged with vehicular manslaughter simply because of the nature of the crime. The key element in proving the case for the prosecution will rest on whether or not they are able to prove that the driver was under the influence of alcohol or drugs at the time of the auto accident.

Therefore, from a defensive stand point, a Las Vegas drunk driving accident lawyer defending the suspect will generally focus his or her efforts towards disproving evidence and testimonies which serve to establish the impairment of the driver during the time when the car accident occurred.

If you face charges in a DUI accident, it is imperative that you reach out to a Nevada drunk driving accident lawyer as soon as possible since the legal repercussions of a conviction can be life altering and unforgiving.