Attorney Christian A. Straile, LLC
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Posts tagged "vehicular homicide"

Vehicular Homicide, Reckless Driving - Criminal Traffic cases with one difference

In order to prove vehicular homicide in Florida, the State must prove reckless driving plus one additional fact which is the death of a person.  Therefore, vehicular homicide is simply stated reckless driving plus a death caused by the reckless driving. 

Traffic Crashes Involving a Death

It appears that Tony Stewart's crash which killed another driver will be investigated by law enforcement. A few minutes into the business day and I am already being asked "for what?" While some feel this is an incident for which Mr. Ward waived any civil actions by assuming the risk of death when he exited his vehicle and tried to confront a race car, there are others that want our police state to investigate all incidents of death with an eye towards prosecution.

Reckless Driving and Vehicular Homicide - preseve evidence

Recently I took a Reckless Driving with Property Damage case to trial. Reckless Driving is a criminal traffic offense. Recklessness requires the State to prove a willful and wanton driving pattern likely to cause damage. Furthermore, Reckless Driving is needed to prove Vehicular Homicide, but not DUI Manslaughter.  Careless driving is a civil citation, see my blog on the difference between reckless driving and careless driving for more. 

What is the difference between reckless driving and careless driving?

In Florida criminal and traffic law there is an enormous difference between reckless driving and careless driving. While many people use the terms "reckless driving" and "careless driving" interchangeably, you should never hear a traffic attorney or criminal defense lawyer do so. The terms do not mean the same thing and are separate and distinct criminal or civil traffic offenses.

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