Moving Violation Causing Death
Traffic violations in Michigan are often times harmless and will result in only a little frustration on the part of the driver being ticketed and financial loss in paying the fine later on. However, when a moving violation results in an accident, a simple infraction quickly turns into a criminal matter, especially where the violation resulted in the death of someone.
Criminal law is generally harsh on illegal behavior that results in the loss of life. Accordingly, if you are charged with a moving violation causing death, it is critical that you hire a traffic violations lawyer as soon as possible.
What is a Moving Violation Causing Death?
The definition of the crime is best understood in the elements of the offense. To establish a case of a moving violation causing death, there must be evidence to show:
- There was a moving violation committed by you.
- That moving violation was the proximate or actual cause of death of another.
- The victim actually died.
An integral aspect of the definition of this offense is clarity on what exactly is a moving violation. A moving violation is best defined as an act that is prohibited by the vehicle code or municipal law while operating a vehicle and for which the penalty is a fine. This separates the offense of moving violation causing death from more serious vehicular-related offenses. Nevertheless, a charge of moving violation causing death is a misdemeanor under Michigan law and does carry serious penalties if you are found guilty.
Can I Go to Jail for a Moving Violation Causing Death
The quick answer is yes. However, jail time is one of a number of other penalties available to a judge at sentencing if you are found guilty of a moving violation causing death. The criminal penalties for this offense includes:
- A maximum of one year of time behind bars; and
- A significant fine
Additionally, there are penalties that include adding points to your driver’s license, suspension of driving privileges, and a driver responsibility fee.
The amount, if any, jail time that you could face will depend on a number of factors. Of primary consideration at a sentencing hearing are the particular facts of the case and your criminal history. A judge will listen to arguments from both sides before coming to a decision on a sentence to be imposed and so it is important to have a criminal defense lawyer at your side.
How Michigan Moving Violation Defense Lawyers with Davis Law Group Can Help
Like other individuals charged in the criminal judicial system, you are presumed innocent until a court of law hear evidence and finds you guilty. Accordingly, you are always given an opportunity to prove your innocence and beat the charges against you.
Since a moving violation resulting in death can lead to possible jail time, it is not wise to approach the court unrepresented. Having a lawyer from the start is integral to your ability to fight the charges. An attorney with experience dealing with vehicular-related offenses understands the importance of being involved from the beginning. Poor investigation, overzealous police officers, and false accusation can result in charges being dropped. Additionally, your attorney is also trained to assess the weight of the case and could negotiate lesser charges with just a fine.
However, if your matter must go to trial, there is no doubt that having a lawyer will significantly increase your chances of a not guilty verdict. Despite the prosecution’s positive attitude, there is still a burden of proof to overcome and by law, you can put forward valid defense to secure your innocence at trial. Having a lawyer equipped with the investigatory and research resources critical to preparing a sound defense will be the help you need to beat the charges you face.
At Davis Law Group, we are criminal defense lawyers with a wealth of experience representing individuals charged with an offense in the state of Michigan. Our attorneys are equipped with in-depth knowledge of the criminal judicial system and understand how important it is to secure your innocence. Call us today and let us discuss your case and how we can help you beat that moving violation causing death charge.
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