Vehicular homicide, not to be confused with the far more commonly charged Vehicular Manslaughter is a very unique and serious charge in the State of Nevada. Vehicular homicide is the most serious charge that can be brought against a drunk driver in Las Vegas or elsewhere in Nevada.
As dictated by Nevada Revised Statute Section NRS 484C.130, this law is targeted at repeat DUI offenders, who are involved in a subsequent accident where someone is killed. If convicted, the person charged a very serious mandatory prison sentence which can be a life sentence. In order to be charged with Vehicular Homicide, the State must believe that the Defendant was under the influence of alcohol and/or drugs, and the Defendant has been convicted of DUI three previous times, and the Defendant proximately caused the death of another person while driving or in actual physical control of a vehicle, on or off the highways of Nevada.
Under Nevada law, a person who is under the influence causes an accident where someone is killed, cannot be charged with Vehicular Homicide unless the person has been convicted at least three (3) times prior for DUI. In those situations where a person causes death in a drunk driving accident, but have not previously been convicted three (3) or more times, that person would be charged with DUI resulting in substantial bodily harm or death, a category B felony.
In Nevada, Vehicular Homicide is the most serious type of criminal allegation, called a Category “A” Felony. If convicted, the judge can only sentence the Defendant to twenty five (25) years in prison with parole eligibility after ten (10) years have been served or life in prison with parole eligibility after ten (10) years have been served. Once released, after the lengthy prison sentence required by law, it is also likely that the Defendant's driver's license will be revoked or suspended by the Nevada Department of Corrections.
While Vehicular homicide is a serious offense in Las Vegas and elsewhere in Nevada, it may be possible to have the charge reduced or dismissed. There are many defenses available to an allegation of Vehicular Manslaughter. Possible defenses include that the Defendant was not the proximate cause of the collision which resulted in death, that the intoxication allegation is inaccurate or the Defendant became impaired after the accident, or that the evidence was obtained illegally and should be suppressed.
While every case is different, and experienced DUI defense attorney who is familiar with the unique laws related to Vehicular Homicide in Nevada can make a world of difference in your case. DUI attorney Josh Tomsheck has over a decade of experience dealing with hundreds of DUI allegations in cases such as this. Mr. Tomsheck's clients have seen their charges been reduced, dismissed, or they have heard the words ‘not guilty' after trial. To see Mr. Tomsheck's case results, please click here. To schedule your free consultation with him, please contact the Las Vegas law Firm of Hofland & Tomsheck here.