In 2006, a driver crashed into a road construction site and injured one of the maintenance workers on site. A few months later, the worker died from of those injuries, which included broken legs and internal bleeding. The driver, Elias Soto, was reported to have been laughing when he got out of his car, and announced he had to urinate. Soto is facing DUI Manslaughter charges.
The Florida Highway Patrol trooper who reported to the scene stated that Soto failed field sobriety tests and smelled of alcohol.
But was the driver drunk? This is the question coming up in court. The breath test ran at the jail showed blood alcohol level was at 0.051 and 0.055, both numbers being far below the threshold of 0.08 that Florida law deems a driver to be impared.
Soto's attorney argued at the trial Tuesday that Florida Highway Patrol failed to collect substantial evidence against Soto that would prove he was intoxicated when the crash occurred. Florida Highway Patrol failed to collect a blood sample from Soto to measure his blood alcohol levels.
Prosecution rebutted against Soto, arguing plenty of evidence proved Soto was impaired, including his failing the field sobriety test, as well as testimony that his breath smelled of alcohol and his behavior was odd.
Soto initially denied having alcohol, but then later admitted to having had candy with rum in it. However, a statistic-based formula was used to estimate his blood alcohol level at the moment of the crash to be around 0.11 and 0.14, and decreased as time passed before officers arrived to the scene of the crash.
No skid marks were noticed on the street, and witnesses heard no brakes screeching, indicating Soto didn't apply brakes before the impact. The construction site was clearly marked by signs, lights and traffic cones.
Fort Lauderdale DUI lawyer Carlos Canet, P.A. is experienced in Florida DUI defense. If you have been charged with DUI in south Florida, call 866-7ASKDUI to speak to an experienced DUI lawyer with offices in Miami-Dade, Broward, and Palm Beach Counties.
If you visit the Law Office of Carlos A. Canet to discuss your Florida DUI or other serious traffic offense case that occurred anywhere in South Florida, whether in Miami-Dade County, Broward County or Palm Beach County, you meet with Mr. Canet. He is the attorney who will answer all your questions and handle your case from beginning to end.
