Utah Automobile Homicide Attorney

Understandably, Utah is serious about automobile homicide. First, the state defines “motor vehicle” quite broadly to include cars, trucks, and vans – but also watercraft, trains, and aircraft. Second, the state differentiates between negligence and criminal negligence in automobile homicide. Negligence occurs when the accused has a blood alcohol concentration of .08, is under the influence of drugs, or has consumed both alcohol and drugs – legal or illegal – so that it impairs driving. This is charged as a third degree felony, and a conviction can bring up to five years in prison and up to $5,000 in fines. Criminal negligence is when the person knows they are under the influence and gets behind the wheel anyway. That is charged as a second-degree felony, which carries penalties of up to 15 years in prison and up to $10,000 in fines.

When vehicular manslaughter occurs and the accused isn’t under the influence of alcohol or drugs, Utah groups the crime with other forms of manslaughter. In addition to prison time and fines for this second-degree felony, the person convicted has their driver license revoked.

Beating Utah Automobile Homicide Charges

Often, fighting Utah automobile homicide charges involves entering into a plea agreement for the lesser charge of manslaughter or impaired driving. A plea bargain can reduce the penalties associated with a conviction substantially.

Weber Law can mount a rigorous defense in order to get automobile homicide charges reduced or dropped. A defense may include:

• Arguing that the accused did not intend to consume the alcohol or drugs in their system
• Maintaining that, because the blood alcohol test was improperly conducted, the results were invalid
• Maintaining that there is insufficient evidence to prove impairment
• Demonstrating that the accident would have happened even if the accused wasn’t impaired