To charge someone with TCA 39-13-213, vehicular homicide, probable cause of the reckless killing of another by the operation of an automobile or any other motor vehicle, as the result of

To charge someone with TCA 39-13-213, vehicular homicide, probable cause of the reckless killing of another by the operation of an automobile or any other motor vehicle, as the result of

• A. Reckless driving
• B. Negligent driving
• C. All of the Above
• D. Intent to kill

Answer: (C)

Vehicular homicide hinges on how the vehicle was operated, not on intent to kill. The law allows the charge when a death results from the driver’s reckless operation or from negligent operation of a motor vehicle. So, evidence showing reckless driving or negligent driving that leads to a death provides probable cause for the offense. That’s why selecting the option that includes both driving states is the best fit: the charge can be supported by either reckless or negligent operation. Intent to kill, while it may be present in some cases, is not a required element for vehicular homicide.

Vehicular homicide hinges on how the vehicle was operated, not on intent to kill. The law allows the charge when a death results from the driver’s reckless operation or from negligent operation of a motor vehicle. So, evidence showing reckless driving or negligent driving that leads to a death provides probable cause for the offense. That’s why selecting the option that includes both driving states is the best fit: the charge can be supported by either reckless or negligent operation. Intent to kill, while it may be present in some cases, is not a required element for vehicular homicide.