Baton Rouge Fatal Car Accident Defense Lawyers
Last updated on July 6, 2026
Did you know that the crime of vehicular homicide in Louisiana carries a mandatory minimum prison sentence of three to five years and can even result in up to 30 years in a state prison? The state has recently reclassified vehicular homicide as a crime of violence. This means that upon conviction, a person will have to serve at least 85 percent of the sentence. The state has also changed the law to have sentences run consecutively, that is one after another, instead of concurrently if more than one person is killed. The legislature and law enforcement take this offense very seriously.
In fact, often the difference between a conviction, a lesser charge or a dismissal is determined by the difficult areas of evidence used in these cases. It is extremely critical to have criminal defense attorneys experienced in these types of cases and familiar with the concepts of the law, as well as the types of evidence relied upon, on your side if you are facing any type of vehicular homicide charge.
Effective criminal defense representation can often have significant impact on the outcome of the case. At the Baton Rouge law firm of Damico & Stockstill, Attorneys at Law, we provide thorough representation for drivers charged with serious vehicular crimes. We have the trial advocacy skills, investigative resources, and negotiating acumen needed. Contact us today to learn more during a free initial consultation.
Evaluating the Evidence Properly Is Key in These Cases
Damico & Stockstill has represented dozens of defendants in these types of cases all over the state of Louisiana. These cases have involved clients accused of operating motor vehicles as well as recreational watercraft. In addition, our experienced attorneys have represented numerous clients involved in multiple victim cases.
Experience with vehicular homicide cases has allowed the firm to understand as well as retain experts in the difficult evidence areas of toxicology and accident reconstruction. These are two areas that are vital in the proper defense of these cases. Our lawyers know how to question crime lab professionals and procedures as well as other key evidentiary matters that cases turn on. We know how to properly challenge evidence when needed and how to battle for our clients in and out of court.
Frequently Asked Questions About Vehicular Homicide Charges
A fatal accident investigation moves quickly, and many people have immediate questions about what happens next. Below are answers to several concerns commonly raised after an arrest or investigation in Louisiana.
Does a fatal accident automatically mean I will be convicted if I had alcohol in my system?
No. The presence of alcohol alone does not automatically result in a conviction. Prosecutors must still prove every element of the offense beyond a reasonable doubt, including whether impairment contributed to the fatal collision. The accuracy of chemical testing, the timing of alcohol consumption, witness statements, accident reconstruction and other evidence may all affect the outcome. Every case depends on its own facts, and a thorough review of the evidence is essential before reaching conclusions.
Can the police force me to give a blood sample after a fatal accident in Baton Rouge?
Yes. Louisiana law allows law enforcement to obtain a mandatory blood sample in certain fatal crash investigations, even without the driver’s consent. Officers may seek a warrant or rely on other legal authority permitting a blood draw under the circumstances. Although the sample may be lawfully collected, questions can still arise about how it was obtained, stored, transported and tested. Those issues may become important when evaluating the reliability of the evidence.
Can the results from the Louisiana State Police Crime Lab be challenged?
Yes. Laboratory findings are not beyond question. Defense counsel may examine whether proper testing procedures were followed, whether equipment was correctly calibrated, whether samples were properly preserved and whether the chain of custody remained intact. Independent experts in toxicology or forensic science may also review the testing process and identify concerns that affect the weight or reliability of the reported results. Challenging scientific evidence is often an important part of defending these cases.
I was arrested by BRPD or EBRSO. Where will my case be heard?
If your arrest occurred in Baton Rouge, the case will generally be prosecuted by the East Baton Rouge District Attorney’s Office. Criminal proceedings are typically handled in the 19th Judicial District Court, located at 300 North Boulevard in downtown Baton Rouge. After an arrest, defendants usually appear before the court for initial proceedings, followed by additional hearings as the case moves through the criminal justice process. The timeline and procedures vary depending on the specific charges, the evidence involved and the complexity of the case.
Contact Our Experienced Vehicular Homicide Defense Attorneys
We provide free initial consultations at our Baton Rouge law office. If you have questions about our firm or need effective, confidential defense against vehicular homicide charges, call our Louisiana criminal defense attorneys, Thomas Damico, Brent Stockstill , at 225-769-0195.
