Answering Frequently Asked Questions About Vehicular Homicide in Florida

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Vehicular homicide in Florida involves the killing of any human being, including an unborn child, caused by the reckless operation of a motor vehicle. It is a very serious felony.

In Florida, vehicular homicide (Fla. Stat. 782.071) is a very serious criminal offense. However, it is sometimes misunderstood by even those who are relatively well-acquainted with the state’s criminal laws. This blog will answer frequently asked questions about vehicular homicide in Florida.

#1 – What is vehicular homicide?

Florida law defines vehicular homicide as the killing of a human being or an unborn child (by injury to the mother), caused by the operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm to another.

#2 – What must the State prove for someone to be convicted of vehicular homicide?

For someone to be guilty of vehicular homicide, the State must establish all of the following beyond a reasonable doubt:

• The defendant was operating a motor vehicle
• The operation of the motor vehicle was reckless (in a manner likely to cause death or great bodily harm to another person)
• The operation of the motor vehicle caused the death of another person or their unborn child

#3 – Is vehicular homicide a felony or misdemeanor?

Vehicular homicide is a very serious felony offense. It is typically charged as a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. However, there are cases in which vehicular homicide may be charged as a first-degree felony (up to 30 years in prison and a $10,000 fine).

#4 – When is vehicular homicide a first-degree felony?

Vehicular homicide becomes a first-degree felony (up to 30 years in prison and a $10,000 fine) if either of the following (or both) true:

• At the time of the accident, the defendant knew or should have known the accident occurred, and failed to give information to authorities and render aid to the victim(s)
• The defendant has a prior conviction for vehicular homicide, vessel homicide, DUI manslaughter or BUI manslaughter (Trenton’s Law)

#5 – What is considered an “unborn child” under the law?

Florida law is clear that even if an unborn child dies as a result of the accident, someone may be charged with vehicular homicide. 

An unborn child under Florida law (Fla. Stat. 782.071(2)) is defined as a fetus at any stage of development. There is no “trimester” framework. If injuries to a mother from a fatal accident cause the premature end of her pregnancy, someone may face vehicular homicide charges.

#6 – What is the difference between vessel homicide and DUI manslaughter?

This is a very common question. Vehicular homicide is more likely to be charged if someone was not intoxicated at the time. However, the State also has “more to prove” to convict someone of vehicular homicide compared to DUI manslaughter.

In a vehicular homicide case, the State must establish the defendant was reckless (operated the vehicle in a manner likely to cause death or great bodily harm) and actually caused the victim’s death. 

By contrast, DUI manslaughter only requires that the defendant contributed to the death of the victim (even if not the primary cause) – and does not require “reckless operation.” If someone is operating a vehicle at all under the influence and contributes to a victim’s death in an accident, they are guilty of DUI manslaughter.

For more on the differences between vehicular homicide and DUI manslaughter under Florida law, click here.

#7 – How does the State prove someone was reckless in a vehicular homicide case?

The State must establish that the conduct of the vehicle’s operator was likely to cause death or great bodily harm. Essentially, the fatal accident must have been the predictable result of the defendant’s conduct. Simply driving, even if carelessly, is not grounds for a vehicular homicide conviction even if a fatal crash occurs.

#8 – Is speeding considered reckless for purposes of vehicular homicide?

No, speeding alone is generally insufficient to convict someone of vehicular homicide in Florida as a matter of law. Speeding can be considered alongside other factors in evaluating whether a driver was reckless, but it is not dispositive (e.g. speeding by itself is not considered reckless).

Factors courts may consider in Florida when evaluating if a defendant was reckless include:

• Whether the defendant was speeding, and if so, by how much
• Whether the defendant disregarded traffic signals, such as stop signs prior to the accident
• Time of day (or night)
• Whether visibility was poor or good
• Whether the roads were crowded or empty
• Whether a defendant was looking continuously at a device for a long period of time (Andriotis v. State, 399 So.3d 1235 (Fla. 5th DCA 2025))

For more on what constitutes recklessness in Florida vehicular and vessel homicide cases, click here.

#9 – What does it mean to “cause” the death of the victim in a vehicular homicide case?

An essential element of vehicular homicide is that the operator of the vehicle must have caused the fatal accident. Causation is established only when the State proves that someone’s reckless conduct was the proximate cause (primary cause) of the death. 

This means the defendant does not have to be 100 percent responsible for the victim dying, but they must be “mainly” responsible (and have been reckless). The victim’s death must have been the direct result of the defendant’s reckless conduct that created a substantial and unjustifiable risk to life and limb. 

For example, if two drivers decide to recklessly race one another on the road, and one driver dies after losing control of his car, the other driver is not guilty of vehicular homicide. Even if the surviving driver was reckless, they were not the proximate cause of the victim’s death. Velazquez v. State, 561 So. 2d 347 (Fla. 3d. DCA 1990)

However, if the defendant in Velazquez had swerved into the victim’s car (for example) and that caused the victim to lose control and crash, it is almost certain he would have been convicted. At that point, Velazquez would have been the primary cause of the victim’s death.

For more on what is required to prove causation in a Florida vehicular homicide case, click here.

#10 – Does someone have to be the driver of the vehicle to be considered the “operator”?

Yes, someone generally must have been actually driving the car to be convicted of vehicular homicide. The only possible exception is if a passenger grabbed at the wheel and steered the vehicle in a manner that directly led to the fatal accident. 

This distinguishes vehicular homicide from vessel homicide, which has a broader definition of who can be considered the “operator” of a vessel (boat) for purposes of charging. For more on this distinction, click here.

#11 – Does the law apply to other things besides cars and trucks?

Yes, someone does not have to be driving a car or truck to be convicted of vehicular homicide. The law permits charges if someone is operating anything considered a “motor vehicle” under Florida law. 

A motor vehicle is considered “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.” This does not include trains or trams, but it does include:

• Cars, trucks
• Motorcycles
• Mopeds 
• Motor scooters
• Golf carts or bicycles when operated on highways (Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984))
• Commercial vehicles and RVs

If someone operates any of the above recklessly and causes the death of a victim, they have committed the crime of vehicular homicide.

#12 – What defenses are there to a vehicular homicide charge in Florida?

There are many defenses available if someone is charged with vehicular homicide, one or more of which may apply in any given case. These include:

• Lack of recklessness (e.g. the operator of the vehicle was simply careless or driving normally at the time of the accident)
• Lack of causation of the victim’s death (e.g. if another driver’s conduct, a mechanical failure, or medical emergency broke the ‘causal chain’)
• Mechanical or vehicle malfunction (e.g. tire suddenly blowing out, steering defect or brake failure that someone had no prior knowledge of)
• Unforeseeable medical episode behind the wheel
• Identity of the driver not proven (e.g. many people in the vehicle and no clear evidence the defendant was actually the one driving)
• Procedural defenses (e.g. moving to suppress post-arrest statements based on Miranda violations, moving to exclude evidence as “fruit of the poisonous tree,” and more)
• Improper investigation or evidence issues (e.g. flawed accident reconstruction, faulty skid mark analysis, missing surveillance footage)

In sum, vehicular homicide is a serious felony in Florida that can carry extremely harsh prison sentences. By understanding the answers to the above FAQs, someone will be much better informed about Florida’s vehicular homicide law. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with vehicular homicide, DUI manslaughter, BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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