Vehicular Homicide in Orange County, FL
Law enforcement agencies in Orlando and Orange County, Florida, conduct aggressive, multi-agency crash investigations whenever a fatal collision occurs.
The Florida Highway Patrol (FHP), the Orange County Sheriff’s Office, and the Orlando Police Department (OPD) deploy specialized Traffic Homicide Investigation (THI) units to analyze vehicle event data recorders (black boxes), reconstruct speed dynamics, and seek felony charges.
In the courtroom, prosecutors at the State Attorney’s Office for the Ninth Judicial Circuit treat vehicular homicide with zero tolerance, aggressively seeking lengthy state prison sentences and permanent driver’s license revocations.
After an arrest or investigation for vehicular homicide in Orlando, Winter Park, or Orange County, FL, you need an experienced criminal defense attorney to intervene immediately at every phase of the proceedings.
Attorneys for Vehicular Homicide in Orange County, FL
The attorneys at Sammis Law Firm are experienced fighting serious traffic felonies throughout Orlando, Orange County, and the surrounding areas of Central Florida.
We understand the complex accident reconstruction, forensic telemetry, and statutory defenses required to challenge these high-stakes charges.
Our offices are conveniently located at 1950 Lee Road, Suite 208, Winter Park, Florida 32789.
Call 407-598-9011.
Penalties for Vehicular Homicide in Florida
Under Section 782.071, Florida Statutes, vehicular homicide is generally classified as a second-degree felony punishable by up to 15 years in Florida State Prison.
If the driver knew or should have known that a crash occurred and failed to stop, give information, and render aid as required by law, the offense is elevated to a first-degree felony carrying up to 30 years in prison.
The Orange County Jail Booking Report lists the crime as:
- 782.071-1 – FELONY / SECOND DEGREE VEHICULAR HOMICIDE
- 782.071(2)-2 – FELONY / FIRST DEGREE VEHICULAR HOMICIDE (FAILURE TO RENDER AID)
- 782.071-3 – FELONY HOMICIDE-NEGLIG MANSL-VEH-KILLING OF HUMAN BEING OR UNBORN
If convicted of vehicular homicide under Section 782.071, the court must impose a mandatory minimum revocation of your driving privilege for at least three (3) years pursuant to Section 322.28(4), F.S., in addition to any term of incarceration.
The court may also order up to 120 community service hours in a hospital or trauma center that routinely treats vehicle accident victims.
Elements of Vehicular Homicide in Florida
To prove the crime of Vehicular Homicide under Section 782.071, F.S., the State of Florida must prove the following three elements beyond a reasonable doubt:
- The victim (or an unborn child by injury to the mother) is deceased;
- The death was caused by the operation of a motor vehicle by the defendant; and
- The defendant operated the motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another person.
The State is not required to prove an intentional design to effect the death of any person, nor does it require proof of impairment from alcohol or chemical substances.
However, Florida law requires proof of more than mere civil negligence or carelessness; the prosecution must demonstrate a willful or wanton disregard for the safety of persons or property.
Vehicular Homicide with Failure to Give Information and Render Aid
Any person who commits vehicular homicide and, at the time of the collision, knew or should have known that the crash occurred, and failed to comply with the statutory requirements of Section 316.062, F.S., by stopping, giving information, and rendering reasonable aid commits a first-degree felony.
A first-degree felony vehicular homicide carries:
- Up to thirty (30) years in Florida State Prison;
- Up to a $10,000 fine; and
Level 9 or Level 10 sentencing severity rankings under the Florida Criminal Punishment Code.
The prosecution is not required to prove that the defendant knew that the collision caused injury or death, only that the defendant had actual or constructive knowledge that an accident occurred and failed to stop and fulfill their statutory duties at the scene.
Enhanced Penalties Under Trenton’s Law
Under recent statutory amendments enacted via Trenton’s Law, Florida law imposes enhanced felony penalties for repeat offenders convicted of vehicular manslaughter and vehicular homicide offenses.
Any person who commits vehicular homicide under Section 782.071, F.S., and has previously been convicted of:
- Vehicular Homicide (§ 782.071);
- Vessel Homicide (§ 782.072);
- DUI Manslaughter (§ 316.193(3)(c)3); or
- BUI Manslaughter (§ 327.35(3)(c)3);
commits an aggravated first-degree felony, punishable by up to 30 years in prison, even if the driver remained at the scene and complied with all reporting requirements.
Additional Resources
Florida Statute Section 782.071 – Visit the official website of the Florida Legislature to review the statutory language of Section 782.071, including definitions, felony classifications, mandatory penalties, trauma center community service provisions, and statutory wrongful death liabilities under Section 768.19, F.S.
Ninth Judicial Circuit Court of Florida – Review local court administration rules, administrative orders, and criminal case management tracks governing felony prosecutions at the Orange County Courthouse in downtown Orlando.
This article was last updated on August 25, 2026.
