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WHAT IS VEHICULAR HOMICIDE IN NEVADA?
Vehicular homicide in Nevada applies to habitual DUI offenders — those with three or more prior DUI convictions — who cause the death of another person while driving under the influence. It is Nevada's most serious traffic-related criminal charge.
WHAT THE PROSECUTION MUST PROVE
To convict you of Vehicular Homicide in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant caused the death of another person
The defendant was operating a vehicle under the influence
The defendant had three or more prior DUI convictions
The defendant's impairment was a proximate cause of the death
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR VEHICULAR HOMICIDE IN NEVADA
Vehicular homicide
Category A Felony — 25 years to life, with possibility of parole after 10 years
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending vehicular homicide charges
Vehicular homicide is reserved for habitual DUI offenders. Challenging the validity of prior DUI convictions — whether they were constitutionally obtained — can be a critical part of the defense.
Causation is always contested in these cases. The prosecution must prove your impairment caused the death, not merely that a fatal accident occurred while you were impaired.
These cases involve extensive expert testimony — accident reconstruction, toxicology, and medical causation. I build a comprehensive expert team from the start.
The prior DUI convictions that elevate this charge to vehicular homicide must be proven. I examine each prior conviction for constitutional defects that could disqualify it.
Given the potential life sentence, every procedural and evidentiary issue must be preserved for appeal. Thorough documentation from day one is essential.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO VEHICULAR HOMICIDE
Every case is unique, but these are the defenses most commonly raised in vehicular homicide cases in Nevada:
Challenging validity of prior DUI convictions
Causation — impairment did not cause the death
Comparative fault of the deceased
Improper blood alcohol testing
Constitutional challenges to evidence collection