Broward DUI Lawyer Blog

A Fort Myers man was sentenced recently to 15 years in prison for a 2009 accident that killed two nuns who taught at a Catholic school in Cape Coral, the News-Press reports.

DUI manslaughter in Miami is the most serious charge on the books involving drunken driving. For one accident where a person is killed if the driver has had a little too much to drink, the punishment can be a 15-year prison term.

It's a very serious charge and both prosecutors and judges are quick to try to use a defendant as an example to others because they know these cases are followed in the news media. So, they are sometimes slow to offer reasonable plea deals and judges are less-likely to sentence drivers to short terms.

For these reasons, hiring an experienced Broward DUI Defense Attorney who can reconstruct the scene with experts, vigorously question witnesses and police investigators and get to the bottom of whether or not the driver was actually at fault -- even if they drank too much -- can make a big difference.

The 62-year-old defendant, two years after he was first arrested, recently pleaded guilty to two counts of DUI manslaughter for causing an accident that killed an 80-year-old and 84-year-old nun. Both were driving with their school's principal, who was seriously injured in the wreck.

Police reported that the man had a .228 blood alcohol level, which is just less than three times the state's legal limit of .08. After serving 15 years in prison, the man will have to spend 15 years on probation. He must serve a minimum of 4 years on each count. While on probation, he is prohibited from drinking alcohol, must take random alcohol screenings and must speak about the dangers of drunk driving. His driver's license is revoked for life.

The emotional hearing featured a statement from the surviving victim as well as supporters of the defendant. The defendant wiped tears from his eyes as people spoke to the sentencing judge.

Like any criminal case, there is always a defense. In DUI manslaughter cases, just like in a regular DUI case, the police officers' actions must be examined and scrutinized. So, too, must the eye witnesses' accounts. People often say they see things, but their memories fade over time and they can sometimes be confused about what actually happened. And when eye witnesses contradict each other, it can weaken the state's case.

Experts must be hired to reconstruct the scene and testify about how police and the prosecution believe an accident happened and whether or not the driver is actually at fault. A pedestrian can walk into the street or a vehicle can make a turn too quickly and get hit by a driver, meaning the victim is at fault and not the driver. All aspects of a case must be closely examined in order to ensure a suspect's rights are upheld.