Vehicular Homicide Defense in Wyoming

Wyoming Vehicular Homicide Defense Attorney

When someone dies in a car accident, the charges are serious, and the prosecution moves quickly. You need experienced trial attorneys from day one.

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    Home » Criminal Defense » Vehicular Homicide

    Vehicular Homicide Charges in Wyoming: What You Are Facing

    In Wyoming, a person can be charged with vehicular homicide if they die in a car accident where the driver is said to have been acting carelessly, under the influence, or in a way that shows they don’t care about the safety of others. These are some of the hardest cases a person can go through. Everyone involved is usually really sad, the media pays a lot of attention to them in small Wyoming towns, and prosecutors are under a lot of pressure to file serious charges. It’s important to have trial lawyers who know both the law and the people involved in these cases.

    How Wyoming Law Defines Vehicular Homicide

    Wyoming’s aggravated homicide by vehicle law (Wyo. Stat. § 6-2-106) and its DWUI manslaughter laws are the main ways the state deals with deaths caused by driving. When someone kills another person while driving in willful or wanton disregard for the safety of people or property, or while under the influence of drugs or alcohol, they are guilty of aggravated homicide by vehicle. The crime is a felony that could land you in prison for up to twenty years. If someone dies as a result of driving in violation of a traffic law without the aggravated mental state, they can be charged with homicide by vehicle, which carries a maximum sentence of one year in jail.

    The Role of Accident Reconstruction in These Cases

    Physical evidence from the scene of the accident, such as skid marks, damage to the vehicles, road conditions, witness accounts, and expert accident reconstruction analysis, is very important in vehicular homicide cases. The prosecution will hire an accident reconstruction expert to support their account of what happened and why. We hire our own independent reconstruction experts to challenge the prosecution’s findings, propose alternative explanations for the accident, and present all the physical evidence to the jury. These disagreements between experts are often the main point of the trial.

    DUI-Related Vehicular Homicide in Wyoming

    When someone dies in a car accident, and there are claims that they were under the influence of drugs or alcohol, the prosecution has more forensic evidence to use, such as blood alcohol levels, toxicology results, and observations from field sobriety tests. We look at all of this evidence with the same care we use for separate DUI cases: Was the blood draw legal? Did the testing go well, and was it written down correctly? Is the toxicology result consistent with impairment at the time of the accident, or was the blood drawn hours later when levels had changed? These are very important defense questions that need both legal and scientific knowledge.

    Facing a Vehicular Homicide Charge While Grieving

    Many of the people who hire us for vehicular homicide cases are still dealing with the trauma of the accident, and sometimes they’re also grieving if the person who died was someone they loved. It’s really hard to go through the legal process while dealing with these feelings. That’s why we handle these cases with both the tough legal defense our clients need and the understanding that only a human can give. Call Just Criminal Law right away. The sooner we get involved, the more we can do to protect your rights and affect the outcome of your case.

    Related Charges We Also Defend

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    DUI / DWUI Impaired driving is the most common alleged basis for vehicular homicide charges.
    Vehicular Assault When an accident causes serious injury rather than death, vehicular assault charges follow.
    Homicide Vehicular homicide sits within the broader family of homicide charges in Wyoming.
    Reckless Driving Reckless driving is the threshold allegation in non-DUI vehicular homicide cases.
    Felonies Aggravated vehicular homicide is a felony carrying up to twenty years in Wyoming.
    Drug Crimes Drug impairment allegations in vehicular homicide cases require specialized toxicology defense.

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      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

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      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

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      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

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      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

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    Frequently Asked Questions About Vehicular Homicide Charges in Wyoming

    Wyoming has two different levels of charges for deaths that happen while driving. The more serious charge of aggravated homicide by vehicle means that the driver was driving under the influence of drugs or alcohol, or was acting in willful or wanton disregard for the safety of others. It can put you in prison for up to twenty years. Homicide by vehicle is when someone dies because they broke a traffic law while driving, but they weren’t mentally ill at the time. It can lead to up to a year in jail. The mental state part—what the driver was thinking and how carelessly they acted—is very important for figuring out which charge applies.

    Yes, and this is one of the hardest parts of these cases. In Wyoming, charges can be based on the prosecution’s theory of causation, which may not align with what a civil court would find in a liability case. Even if the other driver or the road conditions were also to blame, you could still be charged if investigators or prosecutors think your actions led to the death. The prosecution’s case is based on accident reconstruction evidence, witness accounts, and forensic analysis. The defense’s main job is to challenge that case.

    If impairment is alleged, the blood alcohol or toxicology results are typically central to the prosecution’s case. We examine these results on multiple levels: whether the blood draw was lawfully obtained and properly executed, whether the testing laboratory followed proper protocols, whether the BAC at the time of the test accurately reflects the BAC at the time of the accident (given that blood alcohol levels change over time), and whether the level of alcohol or drugs in the system is actually consistent with the kind of impairment alleged. Each of these is a potential challenge point.

    In Wyoming, aggravated homicide by vehicle is a felony that can get you up to twenty years in state prison. The less serious charge of homicide by vehicle can lead to up to a year in jail. Along with going to jail, a conviction usually means losing your right to drive for good, being civilly liable, and, if the conviction is a felony, losing your right to own a gun and having a permanent record.

    No, not without a lawyer present. When someone dies in an accident, the police are not just gathering information for an accident report; they are also doing a criminal investigation. Anything you say at the scene, in the hospital, or during any later interview will be written down and could be used against you in a criminal case. You must legally identify yourself and stay at the scene of an accident, but you do not have to answer questions about how the accident happened. Before you say anything, call Just Criminal Law.

    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    Request Your Free Vehicular Homicide Defense Consultation

    If you have been charged with vehicular homicide charges in Wyoming or South Dakota, the sooner you speak with an attorney, the more options you have. Call Just Criminal Law today for a free, confidential case review.

      Start Your Free Case Review

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