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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"No Nonsense, Knowledgable & Organized"Savannah was absolutely amazing! She made me feel at ease during a very stressful time, reassuring me every step of the way that my case was in good hands. Her confidence in achieving the best outcome was completely justified. I reached out frequently with questions and she or the team always responded promptly and thoroughly. On top of their exceptional service, their pricing was better than any other law firm I contacted. I would recommend May McKinney a thousand times over!- Matthew C.
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"No Nonsense, Willful & Determined"My reputation is restored thanks to Ms. Riddle and May McKinney.- Mark
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"If your looking for a great lawyer, stop looking & hire these guys!"I can’t thank Rob Mckinney enough for all of his help with my case . I had never been in trouble before, & was very leery on paying for a lawyer, but from the moment I hired them, until my case was over, I never regretted my decision to have them represent me. Both Rob & Shyanne took every one of my phone calls, & answered every question that I ever could possibly come up. I was an emotional mess from the get go, and probably asked 1000 more questions than necessary, but they took the time to go through absolutely everything with me, and never made me feel like I was wasting their time or that I was inferior to them. Their knowledge, wisdom and guidance was so comforting & helped me with the stress of the legal process. My case took 2 years & 13 court appearances, so it was not an easy journey, but they made me feel at ease the entire time, & in the end, the charges were dropped. Thank you ! - Lisa F (aka super satisfied client)- Lisa F
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"Do not give up hope"Words cannot express my gratitude and appreciation to Rob McKinney and his entire law firm. This was my first experience with needing legal representation. After speaking with other attorneys, I was told that there was not much they could be do for me. I was fully aware that the odds were stacked against me and I was losing hope. Mr. McKinney told me that he would fight for me and that is exactly what he did. I could not have asked for a better outcome. I highly recommend this firm- Anonymous
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"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!- Very Satisfied Client
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"He Changed My Life"He is the type of attorney who listens to your problem instead of not caring about what is going on just to get your money- Brianna
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"We Owe You"We owe you so much for helping us and our son. We appreciate your legal expertise and support you gave our son this April.- Melissa & Alan
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"Amazing service"Rob McKinney is the best criminal attorney in Nashville area. I had 7 cases and he got them dismissed right away! He made the trip to Clarksville from Nashville and saved me from loosing my green card. His experience, his dedication, knowledge and caring heart is unmatched. I am forever grateful!- PF
