vehicular homicide

iowa vehicular homicide defense attorney

Hit and Run - DUI Drunk Driving Accident

Drunk driving (DUI-OWI) charges are serious in their own right, but things go from bad to worse when someone is fatally injured in a drunk driving accident. If you are charged with vehicular homicide or vehicular manslaughter, you face serious and substantial mandatory jail time (up to 25 years), heavy fines, losing your driving privileges (up to 6 years) and a class B criminal felony record.

Our Des Moines, Iowa, criminal defense attorneys understand that serious criminal charges call for a serious and aggressive criminal defense. We do not take a "wait and see" attitude and react to what the prosecution does. We believe in being proactive and taking an aggressive approach at mounting the best possible defense.

At Gourley, Rehkemper & Lindholm, we begin our investigation immediately. Our criminal defense attorneys question witnesses, comb through the police report, investigate the accident scene, and challenge any perceived impropriety by the police or the prosecution, or any violation of your constitutional rights.

When alcohol is suspected in a car accident that resulted in death or serious injury to an individual other than the driver, law enforcement is investigating the most serious OWI/DUI related offense. As you can see below, no intent is required. This charge is filed when an individual who is operating while intoxicated accidentally causes the death of another by driving drunk.

Know Your Rights * Exercise Your Rights * Preserve Your Freedom

What the driver does and says from his/her first interaction with law enforcement may determine whether or not he/she is placed under arrest to eventually spend the next 25 years in an Iowa state prison. The majority of these cases are investigated while the suspect is receiving medical care at the hospital. That being said for the majority of these cases the only evidence of alcohol or drug impairment comes from what the suspect voluntarily gives law enforcement. Please read and understand "Your Rights" before you find yourself in such a predicament.

Whether your vehicular homicide charges stem from drunk driving (DUI-OWI), from reckless driving, or from driving while on drugs, the experienced criminal defense lawyers at Gourley, Rehkemper & Lindholm can provide you with a skilled, aggressive defense designed to bring you the best possible results.

Contact a Des Moines vehicular homicide defense lawyer today. We have the knowledge and energy to aggressively defend you. We offer free consultations and evening and weekend appointments. Your freedom is too important to trust to less experienced lawyers.

Vehicular Homicide laws

An individual commits vehicular homicide when:
(1) Unintentionally causes death of another; by
(2) Operating a motor vehicle while intoxicated.

Penalties:

• Mandatory 25 years imprisonment; Judge may not give probation or defer judgment. Prison sentence must be imposed. If convicted the Judge has no choice but to send you to prison. Furthermore bail is not available pending appeal or while awaiting sentencing.
• Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;
• Mandatory $150,000 restitution to victim's estate;
• Substance abuse evaluation and treatment if recommended;
• Drinking drivers course; and
• Mandatory 6 year license suspension.

Serious Injury by Vehicle

An individual commits vehicular homicide when:
(1) Unintentionally causes a serious injury (bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily organ or major bodily member, or which causes the loss of any bodily member) by
(2) Operating a motor vehicle while intoxicated.

Penalties:

• Mandatory 5 years imprisonment. Judge may not give probation or defer judgment. Prison sentence must be imposed.

• Fine of up to $7,500 but no less than $750 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge;

• Substance abuse evaluation;

• Drinking drivers course; and

• Restitution to the injured person(s).

• Additional 1 year license suspension.