Vehicular Manslaughter & Homicide
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Vehicular Homicide and DUI Manslaughter in Panama City
Two Charges, Two Different Legal Standards
Florida law makes a critical distinction between vehicular homicide and DUI manslaughter that shapes every aspect of the defense. Vehicular homicide under Florida Statute § 782.071 requires the prosecution to prove recklessness — a standard defined as willful or wanton disregard for the safety of others, substantially higher than ordinary negligence or carelessness. DUI manslaughter under Florida Statute § 316.193(3)(c)3 is a strict liability crime regarding cause of death: the State only needs to prove impairment and causation. Recklessness is not an element.
Rusty Shepard is a former Assistant State Attorney, FACDL 14th Circuit Chapter President, and former President of the Bay County Criminal Defense Bar. He has directly negotiated vehicular homicide outcomes in Bay County courts. Demonstrated result: a client charged with DUI Manslaughter, facing up to 15 years in state prison and permanent license revocation, entered a negotiated plea to probation and retained eligibility to drive with a hardship license.
Vehicular Homicide — § 782.071
- Elements: killing of a human being (or unborn child) caused by operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm.
- The key element: recklessness — willful or wanton disregard for the safety of others. Ordinary negligence is legally insufficient. This is the most frequently challenged element.
- Standard charge: Second Degree Felony, up to 15 years in state prison, $10,000 fine. CPC Level 7, guideline often exceeding 9 years.
- Aggravated charge: elevated to First Degree Felony (up to 30 years) if the driver knew or should have known an accident occurred and fled the scene without rendering aid.
- Mandatory driver’s license revocation: minimum 3 years, potentially permanent.
DUI Manslaughter — § 316.193(3)(c)3
- Elements: (1) impairment (BAC ≥ 0.08 or normal faculties impaired by alcohol or controlled substance); and (2) operation of the vehicle caused the death.
- Strict liability on causation: unlike vehicular homicide, proof of recklessness is generally not required. The prosecution must prove impairment and causation — not how the driving occurred.
- Second Degree Felony: up to 15 years in state prison. Mandatory minimum sentence typically applies, often 4 years.
- Leaving the scene: if the driver knew or should have known an accident occurred and failed to render aid, the charge is upgraded to First Degree Felony (up to 30 years).
defense Strategies — The Technical Battle
- Challenging recklessness (vehicular homicide) — proving the driving was ordinary carelessness, not willful or wanton conduct. Road conditions, mechanical failure, a sudden medical emergency, or the actions of another driver are all relevant. This is the most effective challenge in vehicular homicide cases.
- Attacking causation — proving that an intervening medical event, third-party conduct, or post-accident treatment failure broke the causal chain between the defendant’s driving and the victim’s death.
- Challenging impairment evidence (DUI manslaughter) — contesting breathalyser and blood test results on grounds of calibration, procedure compliance, chain of custody, blood draw/storage integrity, and the application of retrograde extrapolation. A successful suppression motion removes the impairment evidence entirely.
- Accident reconstruction — independent accident reconstructionists are retained to challenge the State’s conclusions about speed, point of impact, road conditions, and driver conduct.
- Fourth Amendment challenges — was the blood draw lawfully obtained? Was there voluntary consent or a valid search warrant? Blood taken in violation of constitutional rights is suppressible.
- Mitigation for sentencing — where the facts do not support outright acquittal, aggressive sentencing advocacy can achieve the difference between mandatory prison time and probation.
Charged with vehicular homicide or DUI manslaughter in Panama City or Bay County? Call Shepard Law at (850) 290-2505 immediately. Former ASA, 14th Circuit. FACDL Chapter President. Free consultation. Available 24/7.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
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CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
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