A person could face reckless vehicular homicide charges if they are driving their vehicle in a way that creates a substantial risk of death or serious injury to another and an accident occurs where someone involved dies. Although the driver does not have to be under the influence (DUI) when their vehicle is in a collision leading to the death of another person, sometimes that’s the case depending on what evidence the government is able to collect and use in prosecuting the case. After an arrest, do not try to defend yourself against a reckless vehicular homicide charge in Charleston alone.
If the criminal court finds you guilty, you will face harsh penalties. Penalties include steep fines, a lengthy jail sentence, and a felony on your permanent criminal record. An aggressive defense attorney could protect your rights and innocence in a case like this. Because of the severity of these charges and the potential for spoilation or loss of evidence, you should immediately reach out to our legal team about your case.
What is the Reckless Vehicular Homicide Statute?
A charge like this has many negative implications on a person’s life. Under the S.C. Code § 56-5-2910, if a person’s irresponsible actions cause the death of another person, the state can charge them with vehicular homicide. If the injured person dies within three years of the wreck from their injuries, the criminal court can still charge the alleged defendant with reckless homicide.
A person found guilty of this type of homicide will receive a Class E felony conviction on their permanent criminal record. They also might pay fines of up to $5,000 and serve a jail sentence of up to ten years. A DUI attorney experienced in defending against Charleston reckless vehicular homicide charges could answer any state law and punishment questions.
Charleston Defenses for Felony DUI Cases
Felony DUI cases are ones where the driver of the vehicle is accused of being under the influence of alcohol and/or drugs and causes the death or serious bodily injury of another while driving. Because Felony DUI charges are severe, fighting them takes a skilled Charleston DUI attorney. There are several potential defenses in these types of cases, including:
- A violation of constitutional rights
- The individual was not under the influence of alcohol or drugs
- Pre-existing medical conditions lead to the accident rather than drugs or alcohol
- Intoxication did not cause the crash
- The defendant was not at-fault for the wreck
A qualified attorney could complete a thorough investigation and collect evidence for a powerful defense. They understand how the complex legal system operates and could advocate on the defendant’s behalf.
Call a Charleston Attorney about Reckless Vehicular Homicide Charges or Felony DUI Charges
These types of complex charges can be a distressing experience. If the court finds you guilty, it could change the course of your entire life. It would be best to get a qualified attorney involved on your side as soon as possible.
The more time you have to build a solid defense, the better chance you have at a positive outcome. If the state charged you with these offenses, reach out to a lawyer experienced in Felony DUI or reckless vehicular homicide in Charleston as soon as possible. Call our office now to learn more about your options.