Vehicular Homicide

Thomas Moskal is a criminal defense attorney specializing in vehicular crimes, including vehicular homicide.

In Nevada, vehicular homicide is when a person driving under the influence, with at least three prior DUI convictions, causes a fatal crash. The sentencing for vehicular homicide cases is 25 years to life in Nevada State Prison.

Vehicular Homicide vs. DUI Causing Death

In Nevada, the key element of vehicular homicide cases is three prior DUI convictions. If the driver has a blood alcohol content (BAC) of at least 0.08% then the incident is considered a DUI. If the driver has illegal blood levels of certain drugs then they are also considered DUI. The driver doesn’t need to act inebriated, stoned, or high to obtain a DUI.

Vehicular Homicide vs. Vehicular Manslaughter

Vehicular manslaughter occurs when a driver’s negligence causes a fatal car accident. The driver is not driving under the influence of alcohol or a drug.

Penalties For Vehicular Homicide

If convicted of vehicular homicide, defendants may face 25 years to life in Nevada State Prison with the possibility of parole after 10 years. In addition, the defendant will have their license suspended or revoked for three years.

The defendant will be incarcerated in a minimum-security facility, typically separate from violent offenders.

The sentence may be more severe if there was a child under 15 in the vehicle. This is considered an aggravating factor.

Common Defense Arguments For Vehicular Homicide Cases

To fight a vehicular homicide case, the defendant’s lawyer will turn to the following types of evidence:

  • Eyewitness testimony
  • Surveillance video
  • Blood test and breath test results
  • Accident reconstruction expert testimony

The case charges may be reduced or dismissed if:

  • The defendant didn’t cause the accident and:
    • Wasn’t under the influence of alcohol or drugs
    • Became intoxicated after the accident
  • The defendant was intoxicated but didn’t cause the accident
  • The defendant was intoxicated and caused the accident, but doesn’t have three prior DUI convictions.
  • The police committed misconduct, such as:
    • Coercing a confession
    • Performing an illegal search
    • Incorrectly administering field sobriety tests
    • Mishandling chemical testing equipment
  • The defendant caused the accident but:
    • Wasn’t intoxicated
    • Became intoxicated after the accident

What To Do After Vehicular Homicide

Vehicular homicide charges turn a driver’s life upside down. The trauma of the accident combined with the complexities of the criminal justice system place a heavy burden on the defendant. That’s why it’s important to seek legal representation as soon as possible. An experienced vehicular homicide defense attorney will begin by making sure the client’s legal rights are respected and protected.

Then, he will collect and review evidence, including police reports, eyewitness testimony, surveillance footage, blood test and breath test results, and the defendant’s driving record, including any past convictions.

The right attorney can identify and present the right evidence in court to help reduce or dismiss charges. Thomas Moskal has invaluable experience working as a DUI prosecutor in Las Vegas, overseeing high-profile DUI Death cases. Today, he uses his expertise to give individuals the representation they need to fight vehicular homicide cases. Give his law firm a call today to schedule a consultation.

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    10161 W. Park Run Dr., Suite 150, Las Vegas, NV 89145

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