Although this term may cause some to believe that any fatal car accident could result in a charge of vehicular homicide, the Nevada law statues clearly define this term.
There are three conditions that must be met in order for the prosecutor to file charges of vehicular homicide against the defendant:
The first order of business for your defense attorney is to determine if any of these definitions were not met or if any of them could be contested in the courtroom. If this is the case, the charges might be dropped, or the case might be dismissed.
For example, this offense is very different than a felony DUI or a charge of vehicular manslaughter. All of these charges have specific requirements that must be met in order to charge a person with vehicular homicide. When a person is not properly charged, the result can be a reduction of the charge or an action to dismiss the charge.
In order to obtain a conviction, the prosecution must meet stringent legal standards. Your defense attorney must be aware of and able to respond to the advantages obtained by this courtroom dynamic.