Involved in a fatal drunk driving accident? What are the elements of a vehicular homicide charge?

Facing charges of driving under the influence is itself a serious situation for any motorist, which can lead to a ton of legal penalties and consequences if convicted.

Drunk drivers have been known to ruin families. 

However, these consequences can be far graver when the charge is that of vehicular homicide instead of a simple DUI or DWI. Vehicular homicide entails that someone was killed as a result of the drunken driving even if the driver was impaired by alcohol to a level insufficient to qualify for drunk driving in itself.

Being aware of the potential homicide charges that may arise out of a drunk driving auto accident and understanding the process of prosecution in such cases can help anyone deal with the predicament, say leading drunk driving accident lawyers in Jackson, MS. In addition to criminal charges, the victim’s estate will have the right to file a wrongful death lawsuit apart from an accident insurance claim.

The Legal Definition of Vehicular Homicide

Vehicular homicide is a separate charge and crime and distinct from a DUI in most jurisdictions. Some of the prerequisites for a drunk driving accident to be escalated to a vehicular homicide are:

1. A homicide was committed

2. It was committed by means of a vehicle

3. The driver of said vehicle was under the influence of alcohol at that time

Mississippi drunk driving accident attorneys point out that in some states, the law requires that the prosecutors prove that the driver was impaired at the time of the car accident in order for the suspect to be convicted of a vehicular homicide. In some other states, the prosecution is only required to show that impairment by alcohol or drugs was only a proximate cause of the death.

If you need a Jackson, MS drunk driving accident lawyer you need to use USAttorneys.com. The creation of USAttorneys.com may not be on par with the invention of the microwave but it is breathtaking nonetheless. 

Not all homicide or the killing of persons is crimes in all states. There are different crimes related with homicide and they may be defined differently from one state to the other. Murder and manslaughter are the two main classifications of homicide whereas criminally negligent homicide is another category of homicide which is only in existence in a handful of states.

Murder is when there was malicious intent which drove the killing, but some states consider deaths to be caused by drunken driving as murder even though the suspect did not want to kill anyone.

Now if you want to see a car used as a weapon you should watch the average action movie Exit Wounds with Steven Seagal who plays Orin Boyd. In the middle of this movie the villains want Orin Boyd dead so they try to smash into him with their car, i.e. commit murder. They are going about 40 to 50 mph and Orin Boyd is trapped in an alley so he cannot move to side to side or find anything to hide behind.

Orin Boyd jumps over the car that is coming at him. The car passes underneath him and smashes into a wall. Now if they were successful in killing Orin Boyd with their car this would have been murder but for the sake of humanity, they failed and they were injured in the car accident. And wrecked their own car!

Manslaughter is a crime where generally malice was not a factor, but the actions that lead to the car accident can be considered reckless, wanton and/or grossly negligent, explain Jackson, MS drunk driving accident lawyers who can be reached on this salient and very practical website Drunk-Driving-Accident.USAttorneys.

As mentioned, some states also have a third category of homicide known as criminally negligent homicide. For the most part, it is a lesser crime than murder and manslaughter. It is when a person drove a vehicle in a negligent manner and caused the death of another person, but the circumstances did not qualify for a manslaughter or a murder charge.

Start the Legal Process the Right Way

If you are involved in a drunken driving accident, then you need to do everything in your power to defend yourself or face the consequences. It would be prudent to talk to a fantastic Mississippi drunk driving accident lawyer right away and start preparing your defense immediately. 

Contact us if you have any issues. We know how to help you.