Vehicular Manslaughter is a form of murder, and is proscribed in Florida Statute § 782.071 under the title “Vehicular Homicide.” Florida Statute § 782.071 describes vehicular homicide in the following very plain terms: “the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”
Vehicular homicide is always punishable as AT LEAST a second degree felony, however, if at the time of the accident the driver knew or should have known that an accident occurred, and failed to render aid, then the offense may be prosecuted as a first degree felony. |