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Advocates For The Accused
Since 1993
McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

Challenging vehicular homicide charges in Florida

On Behalf of | Aug 6, 2024 | Criminal Defense

When facing vehicular homicide charges in Florida, understanding the various defense strategies is crucial. It’s important to recognize that getting accused doesn’t mean you are guilty, and there are several ways to challenge these charges effectively.

Examining evidence and procedures

Questioning the accuracy of accident reports, witness statements, and any physical evidence collected at the scene might reveal inconsistencies or errors. Any procedural mistakes law enforcement makes during the investigation can also be pivotal in challenging the charges.

Questioning causation

For a vehicular homicide conviction, the defendant’s actions have to directly cause the fatality, and the prosecution must prove it. A defense attorney might argue that other factors contributed to the accident. These include weather conditions, actions of other drivers, or even mechanical failures. Demonstrating that the fatality could have occurred regardless of the defendant’s actions can weaken the prosecution’s case.

Highlighting lack of intent

Vehicular homicide charges in Florida often hinge on proving recklessness or negligence. Showing that the defendant’s actions did not rise to this level can be an effective defense. This might involve providing evidence that the defendant was driving responsibly. You may also argue that any alleged traffic violations did not contribute to the accident.

Evaluating expert testimony

The defense can offer other explanations for the incident by bringing in experts to: 

  • Analyze the accident scene
  • Reconstruct the events
  • Assess the vehicle’s mechanical aspects

Expert testimony can counter the prosecution’s narrative and offer different perspectives on the evidence presented.

Exploring potential defenses

Facing vehicular homicide charges is a daunting experience, but understanding the various ways to challenge the accusations can provide some clarity. Each case is unique, and a detailed examination of all aspects can reveal potential defenses.

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