Nashville Vehicular Homicide Attorneys
What is Vehicular Homicide?
Vehicular homicide is one of those crimes that non-criminals are often accused of. That is, normal, law-abiding people with no intention to harm anyone are charged because of the results of a breath, urine, or blood test after a fatal car accident. The amount of alcohol involved may have been modest, and yet the allegedly at-fault driver may face serious criminal charges.
The person who was killed may have even caused the accident by committing a traffic violation. The person who died may have been a jaywalking pedestrian — who may also have been drinking before the accident. However, when the evidence of the blood alcohol content test of one of the drivers turns up a BAC of .08% or higher — even the less responsible one — that person is typically charged with driving under the influence of alcohol (DUI).
Have you been arrested for vehicular homicide? Call May & McKinney, PLLC, today at (615) 265-6383 or contact us online to schedule a consultation with our vehicular homicide lawyers in Nashville.
Tennessee Vehicular Homicide Charges
When a death occurs, vehicular homicide charges are often brought against a driver with a blood alcohol content above a certain level, even a driver who did not disobey any rules of the road.
According to Tennessee Code § 39-13-213, however, vehicular homicide charges should only apply if a driver recklessly causes a fatal traffic accident as a result of:
- Engaging in conduct that creates a substantial risk of serious injury or death;
- Under the influence of alcohol and/or drugs; or
- Engaging in drag racing.
These charges may also apply if a driver acts recklessly in a construction zone and kills a Department of Transportation or highway construction worker.
Vehicular Homicide By Intoxication in Tennessee
Many drivers are well aware of Tennessee's strict laws pertaining to drunk driving, but not everyone realizes how complex the trial and sentencing process can be.
For example, there is an aspect of Tennessee law that provides judges with wide discretion in sentencing individuals convicted of vehicular homicide involving alcohol. In some cases, a person found guilty of vehicular homicide may face a lighter sentence than a person convicted of drunk driving multiple times.
Perhaps the main factors affecting a judge's decision in such a case are what sort of sentence the family of the deceased wants for the driver and whether the driver has any previous convictions. There have been some cases in which people convicted of vehicular homicide have avoided jail time and been sentenced to eight to 12 years of probation instead. Such cases are very rare, though.
If you have been accused of vehicular homicide involving alcohol, one thing to remember is that the prosecution must prove that the proximate cause of the death and the accident was alcohol. Depending on the facts of a particular case, it may be possible to have the charge reduced or even dismissed.
Contact Our Vehicular Homicide Lawyers Today
As with any other criminal case, every element should be examined carefully. Simply being involved in or even causing a fatal accident does not necessarily warrant a vehicular homicide charge. Our Nashville vehicular homicide lawyers at May & McKinney, PLLC, will look to every possible defense to challenge such charges. We also offer additional insight on this important topic on our page: Defending a Vehicular Homicide Case.
Contact May & McKinney, PLLC, today to get started on your defense with our Nashville vehicular homicide attorneys.
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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"Repeat offender facing time"When I got I hemmed up in Gallatin and caught two charges, I was told I was facing 180 days plus an extra 180-365 days serving time. I told my folks I was tired of taking chances with amateurs when It came to a legal defense lawyer. I initially called Frank Lannom's office, but they regrettably informed they did not practice in Sumner but they knew who did that was just as good and experienced. They gaveme the number to Mr. McKinneys office here. I called them up and Ms Savannah Edmonds met with me that day on a zoom meeting. I gave a very professional summarization of my charges , sentance they carried, as well as the exact figure they would charge. She even called me back to correct herself on something she said wrong. I thought that was exceptionally professional. Needless to say I knew May and McKinney were the lawyers I want defending me. It's easy to make back money. You can't get your time back. Anyway today was the first day of court with my Lawyer. And my first offer was "both charges dismissed" . Now you can't get much better than that. If you want to save money, take the amateurs and risk loosing your life, your name, your integrity or hire the professionals of May and McKinney and get results. Remember "you get what ya pay for" and with May and Mckinney it's well worth every penny !- Robert F.
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"You Have Proven Yourself"Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.- A.W.
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"I could not be more satisfied with the outcome McKinney Law produced."
I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!
- Jason B. -
"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Maestro of the room"Rob is extremely intelligent and makes you feel comfortable at the same time considering your situation His staff is prompt knowledgeable and very kind Would recommend to anyone And would believe if they can not assist that they would lead you in the correct way It has been a pleasure These guys are worth every penny Thank you again- John
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"Stop searching for an attorney. Stop worrying about your legal woes. Stop wondering if your attorney actually cares and start letting Rob McKinney handle your case."In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.- D.T.
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"Best criminal lawyer in Nashville."I have met with Mr. McKinney during a very difficult time. I was welcomed with open arms. Aside from being the best lawyer, he is a very caring person. He accomplished the impossible in my case. He worked relentlessly and brought my charges down from a serious felony to a misdemeanor. Which is unheard of from what I understand. I would have faced deportation but with his expertise and commitment to my case now I can become a citizen. Rob McKinney and his team gave me a second chance in life! For that I am forever grateful.- Pinar James
