HOMICIDE BY A MOTOR VEHICLE (FELONY)
Firstly, How does the Commonwealth prove a defendant guilty of the criminal offense of homicide by a motor vehicle?
In order to prove the Commonwealth guilty of the offense of homicide by a motor vehicle, the Commonwealth must prove ALL of the following:
- That the defendant operated a motor vehicle
- That the defendant operated a motor vehicle on a way where the public have access
- That while the defendant was operating the vehicle, he or she (ONE OR MORE):
- Had a percentage, by weight, of alcohol in his or her blood of .08% or greater
- Was under the influence of intoxicating liquor
- Was under the influence of marijuana, narcotic drugs, depressants, or simulant substances
- (If reckless operation alleged) That the defendant operated the vehicle in a manner which is considered “reckless”under the laws of the Commonwealth
- (If negligent operation alleged) That the defendant operated the vehicle in a negligent manner so that more than the lives and safety of public might have been endangered
- That the defendant’s actions caused the death of another person
Also, a defendant legally caused a death if his or her actions directly set in motion the entire chain of events that produced the death. The defendant is the cause of death if his or her actions produced it in a natural sequence.
Secondly, Is a defendant ever eligible for parole?
YES, a defendant convicted of felony vehicular homicide is eligible for parole and good conduct deductions.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH HOMICIDE BY A MOTOR VEHICLE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.