If a driver in a fatal car accident is alleged to be under the influence of alcohol or drugs, then an accident can become a very serious felony offense. Under Pennsylvania law, the phrase homicide by vehicle is also known as vehicular homicide or vehicular manslaughter. Homicide DUI can result in very serious consequences, including prison sentences, a criminal record, and/or fines.
In these types of cases, special law enforcement officers are dispatched to the scene after the accident occurs to complete a traffic homicide investigation. You should seek out the services of a criminal defense attorney as soon as possible after the investigation begins. Never talk to law enforcement officer or insurance adjuster about the criminal investigation or facts of the case until after you have retained a criminal defense attorney to assist you.
If you have been charged with a homicide from a DUI in West Chester, PA, Michael J. Skinner of the Skinner Law Firm will listen to the details of your case and make every effort to help you avoid the most serious penalties and repercussions. Contact the Skinner Law Firm at (610) 436-1410 for a consultation about your alleged DUI offense today.
According to 75 Pa. Cons. Stat. § 3732, if a person drives recklessly or with gross negligence that causes the death of another person while engaging in the violation of any Pennsylvania traffic law or municipal ordinance, other than DUI, they can be charged with homicide by vehicle under. This offense is punishable as a felony in the third degree and could result in up to seven years in prison and/or fines up to $15,000.
Vehicular homicide that occurs in an active work zone is subject to an additional term, which is punishable by a prison term of up to five years. The phrase active work zone is defined in Section 102 of the Pennsylvania Consolidated Statutes. If the prosecutor intends to proceed under this theory, the crime must be alleged in the indictment or information.
Under 75 Pa. Cons. Stat. § 3735, the criminal offense of homicide by vehicle while driving under the influence (DUI), is punishable as a second-degree felony. A conviction for this offense can result in a prison sentence from three to 10 years and/or a fine up to $25,000. The criminal offense of driving under the influence of alcohol or a controlled substance (DUI) under 75 Pa. Cons. Stat. § 3802 is considered a lesser included offense, which must be proven at trial. An additional consecutive three-year prison term can be imposed for each victim who died.
Contact the Skinner Law Firm today for a consultation about your alleged driving under the influence offense in Chester County, Pennsylvania, and the surrounding areas in Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner is an experienced West Chester DUI lawyer who will make every effort to help you achieve the best possible outcome in your situation. Contact the Skinner Law Firm at (610) 436-1410 for a consultation about your alleged DUI offense in Pennsylvania.