South Carolina’s Reckless Vehicular Homicide Law
In South Carolina, “reckless vehicular homicide” occurs when a person kills someone else while driving a vehicle in “reckless disregard” of other’s safety. Reckless disregard means knowingly committing a dangerous act but doing so anyway.
In order to be convicted of reckless vehicular homicide, evidence that a driver was a legal cause of another person’s death exists. Merely demonstrating that the defendant drove recklessly, and someone died is not enough to obtain a conviction. Instead, the defendant’s driving must directly cause the victim’s death.
Keep in mind, the victim does not have to die immediately in order to be convicted of reckless vehicular homicide. According to South Carolina law, a person can be charged with reckless vehicular homicide if the victim passes away within three (3) years of the underlying accident.
Penalties for Reckless Vehicular Homicide
Reckless vehicular homicide in South Carolina is a Class E felony, punishable by imprisonment for up to ten (10) years and/or a maximum fine of $5,000. In addition, a conviction also results in license revocation for up to five years.
However, after the first year of the revocation period, a driver may apply for license reinstatement. But the court can only reinstate a driver’s license only if the offense did not involve alcohol or drugs, the driver completed his/her sentence and paid all fines/restitution, and the records show that reinstatement is safe.
Attorney Truslow Secures Favorable Outcome in Reckless Homicide Case
Reckless vehicular homicide comes with harsh criminal penalties. However, many people who face such charges are not career criminals. Rather, they are often normal people who simply made a regrettable mistake.
In 2018, Attorney Kirk Truslow represented a client facing the charges of reckless vehicular homicide, assault, and battery. The client has no criminal history, two adult children, and demonstrated significant remorse in her actions since the 2016 incident.
During the case, the victim’s mother asked the court for forgiveness and even hugged the client, both sharing a tearful embrace. Although the client pled guilty to all three charges, she received a suspended sentence and avoided any jail time, so long as she pays restitution. Attorney Truslow was able to obtain a favorable result by compiling strong mitigating evidence.
If you are facing serious charges in Myrtle Beach, look no further than T. Kirk Truslow, P.A. and get more than 30 years of trial-tested experience on your side! Contact us today at (843) 212-1116 for a free initial consultation.