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.
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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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"Held my hand every step of the way in one of the most horrible times in my life."There are no words to express how grateful I am to Rob McKinney. He was there for me when I was confronted with a very difficult time in my life. Rob fought long and hard to prove the good of my situation. His team was behind me every step of the way during the long drawn out time frame. Rob never gave up on me and made me feel cared about through every obstacle we faced. I am very confident that he is now someone who I can call "a Friend" for life. The best word to use in description of Rob is AWESOME!- Barbara N.
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"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
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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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""Expert care, unwavering support, and a team that truly fights for you—Savannah and her staff go above and beyond!""I cannot speak highly enough of Savannah and her incredible team. From the very start, she demonstrated expert care, attentiveness, and a true dedication to my case. Her professionalism and knowledge made the entire process smooth, and she took the time to ensure I understood every step along the way. What truly sets Savannah apart is her compassion and commitment. She and her staff were always responsive, thorough, and supportive, making me feel confident that my case was in the best hands. Their attention to detail and ability to navigate complex situations with ease made all the difference. I highly recommend Savannah and her team to anyone in need of expert legal representation. They not only fight for you but genuinely care about your well-being. Thank you for everything!- Josh
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"Forever Grateful"Thank you for helping me to not only resolve a recent legal matter, but also pointing me in the direction of freedom from a past criminal record. I am clean and free, and I have a clear record for the first time in 12 years.- Rachel
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"No Nonsense, Willful & Determined"My reputation is restored thanks to Ms. Riddle and May McKinney.- Mark
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"Truly Grateful"There are precious times in our lives when we are blessed with people who make a difference.- Nathan
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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
