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, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"No Nonsense, Willful & Determined"My reputation is restored thanks to Ms. Riddle and May McKinney.- Mark
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"Perfect Results"I am grateful for this level of professionalism and you would be foolish not to have her represent you.- Kyle
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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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"Look no further, Rob McKinney is the defense attorney you need."As a LEO wife, I was served with a frivolous OP from an estranged step family member. With the possibility of my husband not being able to process any firearms in our household, Mr McKinney's understanding the severity of the situation, Rob took the time to investigate and prepare for the hearing. With that said, Rob absolutely destroyed the petitioner and witnesses on the stand. It was worth the time, money and stress to see Rob in action. If the need ever arises in the future, Rob will always be our first call. You cannot go wrong putting your trust in Mr. McKinney.- Tara
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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 defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Truly Grateful"There are precious times in our lives when we are blessed with people who make a difference.- Nathan
