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.
-
"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
-
"Perfect Results"I am grateful for this level of professionalism and you would be foolish not to have her represent you.- Kyle
-
"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
-
""Do yourself a favor, make Rob your flavor.""I was visiting friends in Nashville and sightseeing around the Titan stadium when about 8 officers drew their weapons on me from a good 100+ feet away, demanding that I freeze and put my hands in the air. My first response was to pull out my knife while i tried to gain focus on who and why this was happening. Is this a joke? Am i being robbed possibly? That was the thoughts racing through my mind. Apparently, someone had called and said someone with a backpack threatened to blow up the stadium, WOW! I understand these officers were doing their job but after they searched me and found I was innocent they still charged me with two counts of aggravated assault on a police officer and a few others for good measure. My lawyer Rob Mckinney knew i was being honest and meant no one harm, but I was really scared that it may turn out very differently due to the circumstances. He not only got my charges dismissed but my record expunged as well. I'm forever grateful and would recommend this legal team for anyone in need of a most stellar lawyer. Thanks again Rob and the rest of the team.- Eric A
-
"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.
-
"Knowledgeable, Kind & Real"Her recommendations on how to proceed were spot on, and we got a favorable outcome.- Satisfied Client
-
"Rob and his team did a fantastic job on my case... I would definitely use his services again."Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
-
"So grateful"Can't say enough good things about Rob and his team. I have used him on 2 or 3 occasions in different areas of law, He provided us with a caring , comforting atmosphere and explained all aspects of the steps necessary to achieve our desired outcome. Will highly recommend Mr. McKinney in whatever aspect of what the problem is . You will not regret it.- Donna Pearson
