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McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

How may distracted driving lead to a vehicular homicide charge?

On Behalf of | Jul 25, 2023 | Felonies

Florida’s statutes prohibit using handheld electronic devices while driving. As noted on the FLHSMV.gov website, motorists may not manually enter numbers, letters or symbols into their mobile devices while operating a motor vehicle. Florida law also forbids drivers from talking on handheld electronic devices while driving in a school or construction zone.

A wide range of distractions could take a driver’s mind away from his or her driving. A distraction could also lead to a potentially fatal accident and vehicular homicide charge.

How do Florida Statutes define vehicular homicide?

Florida requires drivers to operate their vehicles safely and prevent accidents. As noted on the Florida Legislature’s website, a vehicular homicide charge may result if the alleged actions of a distracted driver result in someone’s death.

Law enforcement could also file a vehicular homicide charge if an unborn child dies because of an injury caused to its mother. Drivers accused of failing to stop after an accident and render assistance may face first-degree felony charges.

How may a charge result in a conviction?

As reported by Tampa Bay WTSP News, Florida’s first vehicular homicide case involving distracted driving saw the prosecution using the defendant’s cell phone records as evidence. The prosecution convinced the jury that the defendant’s cell phone activity included texting and matched the time of the fatal accident.

The Sixth Amendment of the U.S. Constitution protects everyone’s right to a fair trial. Florida’s juries must first review evidence before they decide whether to convict. Accused defendants may provide evidence that could counter the prosecution’s claims or bring about a lesser charge.

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