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

When a driver is suspected of and charged with drunk driving, there is no question that it a serious allegation and the legal repercussions of a conviction can be devastating.

Drunk drivers are a menace to everyone. 

However, the gravity of the situation is much more severe when the crime that the suspect is charged with vehicular homicide. In addition, apart from a car accident insurance claim, the victim’s estate will be eligible to file a wrongful death lawsuit.

According to leading drunk driving accident lawyers in Chicago, IL and there is no one better in this game than James Murphy-Aguilú who knows how to compile evidence with the best of them and knows which legal buttons to press and when to press them, vehicular homicide is when death results from a drunk driving car accident where the suspected driver was under the influence of alcohol. This charge can ensue even if the suspect’s blood alcohol content was not sufficient enough to qualify for a DUI (generally 0.08% BAC).

It will only help anyone who is in such a situation to be aware of the elements of a homicide charge stemming from a drunk driving accident.

If you need legal help in the Chicago area then you need to call up James Murphy-Aguilú since he is an exceptional Chicago, IL drunk driving accident lawyer. His legal prowess is awesome and he knows how to bring results in and outside the courtroom. 

Definition of vehicular homicide

Vehicular homicide is a crime in all jurisdictions within the country. The exact specifics may vary from one state to the other, but for the most part it is required that the following conditions be met for a vehicular homicide charge to be filed:

1. A homicide was committed

2.  It was committed by means of a motor vehicle

3. The operator of the car or other vehicle was intoxicated at the time of the auto accident

Illinois drunk driving accident attorneys, and the finest in this domain is James Murphy-Aguilú who knows these laws in and out and knows how to attack the other side with acumen, explain that not all homicide charges are equal. There is a spectrum of charges which range from criminally negligent homicide to manslaughter to murder, which the drunk driver will have to defend against.

Criminally negligent homicide

This is when the death of one person was caused by another person who was driving a vehicle in a criminally negligent manner such as driving recklessly, speeding, and so on.

Manslaughter

Manslaughter is defined as when there was intent to kill, but not to a degree which can be considered malice. Manslaughter can further be classified as voluntary manslaughter and involuntary manslaughter.

Now if you want to see a movie that has a close example of manslaughter you can watch 7 Pounds with Will Smith who plays Ben. In that movie, he was texting with his Blackberry and he took the lives of seven people, including that of his own wife. Now this was a dramatic and profound example of distracted driving but it could have been construed as manslaughter. It was not though and Ben just had to live with the guilt but he did something about it which was also dramatic and profound.

Manslaughter is not as heinous as criminally negligent homicide but it is still terrible nonetheless.

Proof of vehicular homicide and defending the case

Chicago, IL drunk driving accident lawyers reiterate that the key factor which will determine the verdict in a vehicular homicide case is evidence. Evidence is crucial for both the prosecution and the defendant and his or her legal pro. The prosecution will use breathalyzer results, field sobriety test results, arresting law enforcement officer testimonies, eye witness testimonies, blood test results, toxicology reports, video or photographic evidence, and any self-incriminating statements made by the defendant as evidence in proving their case.

On the other hand, the defendant and his or her legal team will have to dismiss and invalidate the evidence put forth by the prosecution by providing their own evidence as to why the defendant is not guilty of the said crime.

If you've been charged with vehicular homicide, it is imperative that you waste no time in consulting an Illinois drunk driving accident lawyer at the earliest time possible. The more time you give them, the better shot you have! Call James Murphy-Aguilú today! He has been winning cases for years now; he knows how to best position his clients.