Howard Troxler, a columnist for the St. Pete Times, wrote an intriguing piece the other day. Troxler was commenting on the tragic circumstances surrounding the death of Heather Whalley who was struck by a car and killed. In the column, Troxler pinpoints the feelings of outrage felt when someone who has had 33 previous traffic citations is not charged with vehicular homicide. The answer lies not in the severity of the injury caused but the legal distinction between careless and reckless operation of a motor vehicle.
According to the law in Florida, vehicular homicide must meet the standard of reckless not careless driving. The law defines reckless as an intentional disregard for the safety of others. Vehicular homicide is a second degree felony that carries with it a maximum sentence of 15 years in prison. If the driver of the car had been charged with vehicular homicide, a good defense attorney would have argued that the charge is not correct and would have sought to reduce it to careless driving rather than homicide. Whether you like it or not, agree with it or not, that's the law in the State of Florida.
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