cedar rapids / iowa city criminal defense

Cedar Rapids OWI and Criminal Lawyer: What is Homicide by Motor Vehicle?

by David A. Cmelik Law PLC

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Any unintentional death caused by operating while intoxicated (OWI) in violation of Iowa Code § 321J.2 is a Class “B” felony in Iowa. Iowa Code § 707.6A. A Class “B” felony is punishable by an indeterminate prison sentence of 25 years.

Any unintentional death caused by the reckless and wanton disregard for the safety of persons or property is a Class “C” felony punishable by fines ranging from $1,000 to $10,000 and an indeterminate prison sentence of ten years.

Any unintentional death caused by Eluding or attempting to elude a pursuing law enforcement is also a Class “C” felony. Note that the code specifically attempts to attribute to the defendant in such a prosecution causation if the death “directly or indirectly results.” See here for a discussion of proximate, or, factual cause in this context.

Any unintentional death caused by drag racing is, curiously, only a Class “D” felony.

If you or a loved one has been arrested for vehicular homicide in Cedar Rapids, Iowa City, Waterloo, Linn, Johnson, Black Hawk, or other Iowa community or county, contact David A. Cmelik Law PLC for an initial consultation and let us help you find your best options in this legal crisis.

However, remember that a blog is not legal advice and that sending unsolicited information to an attorney over the Internet does not establish an attorney-client relationship.

Vehicular Homicide. Drunk driving (OWI), sometimes known as DUI in states other than Iowa, that causes an unintentional death is a a Class "B" felony offense here. This is the most serious type of drunk driving offense in the State of Iowa. Let us help you chart your way back to life before legal crisis. Contact David A. Cmelik Law PLC at 319-389-1889.

1450 Boyson Road Suite C-2A Hiawatha, Iowa 52233     319-389-1889