Aggravated Vehicular Homicide
In most criminal cases, the number of prior convictions an individual has on their record usually plays a bigger role in the sentencing phase of the trial. However, there are a few instances where the number and type of convictions on an individual's record can actually determine what offense a defendant is facing at trial. One of those offenses is aggravated vehicular homicide.
The aggravated vehicular homicide statute in Tennessee, T.C.A. 39-13-218, defines the offense as follows:
(a) Aggravated vehicular homicide is vehicular homicide, as defined in ยง 39-13-213(a)(2), where:(1) The defendant has two (2) or more prior convictions for:
(A) Driving under the influence of an intoxicant;
(B) Vehicular assault; or
(C) Any combination of such offenses;
(2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
(3) There was, at the time of the offense, twenty-hundredths of one percent (.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
(A) Driving under the influence of an intoxicant; or
(B) Vehicular assault.
It is clear, then, from the language of the statute that there are multiple ways a defendant can be charged and convicted for vehicular homicide. The first two methods are history-based and assert that a defendant can be charged with this offense if he or she has two prior offenses that are either DUI or vehicular assault or if the defendant has a previous vehicular homicide conviction. The third method is dependent on a combination of criminal history and the facts of the instant offense, positing that a defendant can be convicted under this statute if he or she has a prior DUI or vehicular assault conviction and the person's BAC was .20% or more with regard to the instant offense.
Aggravated vehicular homicide is a Class A felony in Tennessee, meaning it is second in seriousness only to first-degree murder. Such a charge can find a defendant facing up to sixty years in prison with a minimum of fifteen years. With these types of offenses, however, it is critical that defendants hire a skilled East Tennessee criminal defense attorney who can not only present a valid defense to the current charge but also contest the validity of any relevant prior convictions if necessary. Tennesseans in the Knoxville, Sevierville, Kingsport, Oak Ridge, or surrounding areas should not delay in obtaining skilled local representation.
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