A 32-year-old woman has been found guilty by a Duval County jury of killing another woman in a Florida drunk driving accident, the Miami Herald reported.
The driver faces 45 years in prison at her Nov. 9 sentencing after being found guilty of DUI manslaughter, vehicular manslaughter and leaving the scene of an accident. Witnesses say the defendant was driving recklessly this past February, when she knocked a 41-year-old motorist's sport utility vehicle over the edge of a bridge -- the woman plummeted to her death. The defendant left the scene but was followed home by a witness.
Incredibly, investigators did not find evidence of alcohol use; she was convicted based on toxicology reports that found marijuana painkillers and anti-anxiety drugs in her system.
The defense had argued that there was no evidence that the defendant even hit the victim.
This is a tragic outcome for the defendant in this case and, from what little we know, a total miscarriage of justice. A veteran Fort Lauderdale defense lawyer could make several observations:
-Going to trial is always a risk. a defendant will often receive less prison time in a plea agreement that he or she will if found guilty at trial. Yet this was an excellent case to take to trial.
-The six months between the accident and trial is very fast. There are times when a defendant is well-served by moving quickly to trial (which is their right). Such a move can force a prosecutor to put up or shut up, essentially. But more often, a comprehensive defense requires time to prepare. We are uncertain why this case went to trial so quickly. It is not unusual -- in fact it is the norm -- for such complex cases to take a year, 18 months, or longer to go to trial.
-Marijuana can remain in a person's system for up to 30 days. Painkillers and anti-anxiety drugs are legally prescribed medications, which each impact the body differently and can remain in a person's system for varying periods of time. In other words, it is entirely possible that this woman was stone sober at the time of the accident.
-As the defense argued, there apparently was no damage on the defendant's vehicle or other proof that she even struck the victim. Perhaps the victim just drive off the bridge. Perhaps someone else caused the accident.
As you can see, and as we frequently discuss here on our Broward DUI Lawyer Blog, defending a driver against charges in connection with a serious or fatal DUI accident in Florida involves contesting both the allegation that they were intoxicated and the allegation that they were responsible for causing the accident. If the state fails to prove either, a reduction or dismissal of the charges is possible.
Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights
