Criminal Defense of vehicular homicide in Louisiana is charged in the following circumstances, statute below. A criminal defense trial for vehicular homicide is procedurally like any other serious felony, in that it is a very serious charge that takes a tremendous effort and skill level to properly defend; except that the criminal defense of vehicular homicide also requires a criminal defense attorney with considerable skill at defending DWI charges.
It is important to note here that there is a difference between what the police charge and what the District Attorney charges. The police arrest people on charges that they determine are the most appropriate under the circumstances. Police officers are not attorneys. The District Attorney will normally take the evidence of arrest and investigation and make a determination as to the charge of vehicular homicide, or the charge that the DA feels he/she can prove at a trial on the matter. What a police officer perceives and what can be proven at trial are often times very different.
The death of a person in a vehicle, when intoxication is suspected, is obviously a very serious charge and requires a very serious criminal defense. The attorney you hire must have extensive experience in defending DWI charges and have the resources and information to bring a skilled defense, including experts specific to the DWI defense world. There are a number of experts that can be engaged in these cases, crash scene experts, physicians and other professional to testify to intoxication and impairment, experts in the Standardized Field Sobriety Tests, experts in the Intoxilyzer 5000, experts in blood draw analysis, etc… Knowing when to use each of these experts, who to spend the money and time hiring, is an essential part of the defense of this kind of case.
Keeping that in mind, it is important to note that La. R.S. 14:32.1(A)(4), Vehicular Homicide in Louisiana criminal law, requires only that the “operator is under the influence of alcoholic beverages”. Literally read that means any level of alcohol consumption and you could be held criminally liable. However, there is some good law in Louisiana where the Courts have stated that the ‘influence’ must include ‘impairment’ and not merely consumption. You must hire a criminal defense attorney with experience in fighting homicide in DWI cases to defend you in this kind of legal proceeding.
If you, or someone you know, has been charged with vehicular homicide, hire a skilled criminal defense attorney immediately. Call The Ambeau Law Firm, and we will start the fight from the first day, and work diligently to get you the best outcome possible in your criminal defense matter.
La. R. S. 14:32.1. Vehicular homicide
Disclaimer: These codes may not be the most recent version. The Legislature of the State of Louisiana may have more current or accurate information. The Ambeau Law Firm makes no warranties or guarantees about the accuracy or completeness of the information contained on this page – please consult your attorney and/or check official sources.