What Happens When I'm Charged With Homicide By Vehicle in Pennsylvania?

Homicide by Vehicle Defense in Pennsylvania: What You Need to Know

Being charged with Homicide by Vehicle is life-changing. A conviction means becoming a convicted felon, with jail time and consequences that last a lifetime. But there's hope, and you don't have to face this alone. With the right attorney by your side, there's hope—and a path forward.

What Is Homicide by Vehicle?

Under Pennsylvania law (75 Pa.C.S.A. § 3732), Homicide by Vehicle occurs when someone recklessly or with gross negligence causes the death of another while violating traffic laws.

This charge often arises in tragic accidents, including those involving allegations of distracted driving, excessive speed, or DUI. While accidents can happen to anyone, prosecutors may try to portray you as reckless or criminally negligent to justify a felony conviction.

Penalties for Homicide by Vehicle

A conviction for Homicide by Vehicle can result in:

• Up to 7 years in prison and fines of up to $15,000 for a third-degree felony.
  
• Sentence Enhancements: An additional 5 years in prison for factors like:
  
  • Texting while driving.
  • Work zone violations.
  • Failure to properly yield to emergency vehicles or in emergency response areas.
• Three-Year License Suspension: The loss of your driving privileges can significantly impact your independence and livelihood.

The stakes are high, but there's good news: With an experienced defense attorney, you may be able to challenge the evidence, reduce the charges, or even avoid a conviction altogether.

The Ramifications of a Felony Conviction

A felony conviction doesn't just mean prison time—it reshapes your entire life. The consequences extend far beyond the courtroom, affecting your personal freedoms, professional opportunities, and daily life.

Here's what a felony conviction means to you:

1. Permanent Criminal Record: A homicide-related felony stays with you for life, appearing on background checks and creating barriers to jobs, housing, and education.
   
2. Loss of Gun Rights: Federal law prohibits felons from owning, purchasing, or possessing firearms, limiting your Second Amendment rights. You can't even go hunting.
   
3. Travel Restrictions: International travel becomes difficult, if not impossible. For instance, Canada prohibits entry to individuals with felony convictions.
   
4. Restrictions on Voting Rights: You may lose the right to vote while incarcerated and, in some cases, even after release.
5. Career Limitations:
   • Many professional licenses, including those in healthcare, education, and law, are off-limits.
   • You may face termination from state or government employment.
     
6. Social and Personal Stigma: A felony label can change how you're perceived by friends, family, and your community.

Lengthy License Suspension:

In addition to these broader ramifications, you face a mandatory three-year driver's license suspension. This can make even the basics of life—getting to work, taking care of family, or maintaining independence—a constant struggle. For many, the loss of driving privileges is one of the most immediate and devastating penalties.

But remember, this doesn't have to be your future. With the right defense, these life-altering consequences can often be avoided or lowered.

There Is Hope: Why a Charge Is Not a Conviction

It's critical to remember: Being charged is not the same as being convicted. Prosecutors must prove every element of their case beyond a reasonable doubt. Experienced Pennsylvania DUI attorney Mike Sherman can challenge their evidence, expose weaknesses, and craft a defense that puts you in the strongest possible position.

Building a Strong Defense

At my firm, I leave no stone unturned. Your defense begins with a meticulous investigation:

• Accident Reconstruction: By analyzing the crash site, vehicle damage, and data, I work with expert accident reconstructionists to challenge claims about speed, impact, or fault.
  
• Forensic Evidence: Blood tests, breath tests, and other forensic evidence often contain errors. I use my deep understanding of forensic science to challenge the reliability of this evidence.
  
• Witness Statements: Witnesses may misremember events or provide conflicting accounts. I thoroughly cross-examine witnesses to uncover inconsistencies.
  
• Legal Expertise: As the author of Pennsylvania's leading DUI law textbook, I know the nuances of traffic law and use them to challenge charges like Homicide by Vehicle.

Real-Life Examples of Success in Homicide by Vehicle Cases

Case Example 1: In one case, my client faced claims of driving 96 mph in a fatal crash. By hiring an expert, we proved their speed was actually 60 mph—a critical difference that changed the case's trajectory.

Case Example 2: The prosecution alleged our client was driving at 104 mph when he crossed the center line and hit another car head-on. The blood alcohol test produced a reading of between .175% and .196% along with illegal drugs. The Judge granted our motion to suppress evidence because there was no probable cause to obtain the blood test result. The Judge then threw out the charges of Homicide by Vehicle While DUI, Aggravated Assault While DUI, and DUI. Our client pled guilty to one misdemeanor charge and several traffic offenses.

To see more real-life examples of successful cases we have handled, go to our Case Results Page.

Why Choose Mike Sherman?

When facing life-changing charges, experience matters:

• Former Pennsylvania State Police Attorney: I know how law enforcement builds its cases—and how to dismantle them.
• Over 37 years of courtroom experience.
• Published Author: I literally wrote the book on Pennsylvania DUI defense, relied on by attorneys statewide.
• Teacher of DUI defense techniques to attorneys statewide.
• Scientific Approach: My knowledge of science, medicine, and forensics allows me to find errors others miss.
• Personalized Representation: 24/7 direct messaging for clients. 

Act Now: Time Is Critical

Every moment counts: Memories fade, evidence disappears, and opportunities to challenge the case may slip away.

Call me, Pennsylvania DUI attorney Mike Sherman, today at (412) 471-5000 for a free, no-obligation consultation. Together, we'll build the strongest possible defense and fight for your future.