Vehicular Homicide While Under the Influence is a relatively new crime under Montana law. Defense of this crime involves much of the same complicated legal, technical and scientific principles involved in DUI defense although on a much more complex scale. As a client of our firm, our attorneys will scrutinize law enforcement’s actions in your case for evidence of failure to properly investigate the accident and failure to draw the appropriate inferences. We will question the scientific conclusions drawn from the crime scene investigation, collection of evidence and cause of death examination, which are often subject to alternative, exculpatory and noncriminal explanations. Our attorneys will dissect law enforcement’s investigation methods for evidence of Miranda violations and coercive police techniques, unlawful search and seizure procedures, and the improper drawing and handling of critical blood evidence.
The main difference a vehicular homicide charge and a DUI charge is that, for vehicular homicide, the State must establish at trial, in addition that the person was “under the influence” at the time of the alleged offense, that: (a) the accused operated his vehicle in a negligent manner; and (b) the accused’s negligent driving caused the death of another human being. Vehicular homicide defense centers upon attacking the State’s evidence to establish that one or more of those elements cannot be proven at trial. For example, even if the accused was “under the influence” at the time of collision, the victim’s own unfortunate actions may have created circumstances that produced an unavoidable accident through no fault of the accused. The evidence could also establish that the accused was not “under the influence” while operating his vehicle or that he did not act in a negligent manner. The reality is that unavoidable automobile accidents occur every day and the fact that a person had drank some level of alcohol or consumed prescription medication or other drugs before driving does not, in and of itself, make the person guilty of vehicular homicide.
Because of the current negative political climate surrounding DUIs, the government often feels obligated to charge individuals under these circumstances despite the lack of evidence of criminal wrongdoing. Curiously, public opinion is often more virulent and outspoken when one is accused of this crime than a person who is accused of other intentional, violent acts. Unfortunately, this phenomenon makes defending these types of crimes more challenging than other criminal cases.
Vehicular homicide is a very serious offense and a person convicted of this crime can be imprisoned for a term of up to 30 years and receive a fine up to $50,000. Upon conviction, the court is unable to defer imposition of sentencing as it is able to do most other Montana crimes. The Montana legislature has specifically exempted vehicular homicide from its list of enacted crimes providing for the possibility of a second chance and dismissal of the charge after the convicted person has fully complied with the law for a period of time, changed his life and completed his rehabilitation requirements.
The Bozeman, MT attorney’s Angel, Coil & Bartlett have recently successfully defended a person wrongfully accused of vehicular homicide resulting in dismissal of the charge.* In that case, law enforcement’s unlawful actions resulted in a series of constitutional violations and coercive techniques that required the court to exclude tenuous evidence the State sought to admit at trial. The dismissal ended an almost two year ordeal for our client who was subject to constant uninformed and undeserved public ridicule notwithstanding the fact that she was not guilty of the charged crime. The incident in question amounted to an unavoidable, tragic accident and nothing more.
If you or someone you know has been accused of in Montana with the crime of Vehicular Homicide While Under the Influence or another alcohol related crime, contact our office for a consultation and evaluation of your case. We have experienced, knowledgeable attorneys who will advise you as to the integrity of the evidence against you, the different possibilities that may exist to favorably resolve your case, and draw upon your input and insight to provide you with a vigorous defense.
* Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.
