Broward DUI Lawyer Blog

A polo mogul charged in connection with a 2010 Wellington DUI manslaughter accident found out recently his trial date has been set, NBC News reports.

DUI manslaughter is the most serious DUI-related charge that a driver can face in Florida. Our West Palm Beach DUI defense lawyers understand the seriousness of the charges and fight for drivers facing these charges frequently.

In Florida, a conviction for a DUI manslaughter charge can result in a 15-year prison sentence. That's the maximum sentence, but judges have discretion to sentence anywhere in between. Other factors, including proven actions of the defendant or accompanying charges, can increase the sentence.

Undoubtedly, these are among the most emotional cases because any time a life is lost, it will be a case that family members on each side will attend. Though both the family of the victim and defendant can sympathize with the loss of a life, they obviously have different interests and that can make emotions run high.

In this case, according to the news station, the defendant is charged with causing an accident that knocked a 23-year-old driver into a canal. The crash caused him to drown at the scene. Police allege the man who caused the accident drove off.

According to previous news reports, the man is charged with running a stop sign and causing the accident. The victim's car was turned upside down in a canal, leading to his death.

The driver faces charges of DUI manslaughter, vehicular homicide and failing to render aid. The DUI manslaughter and vehicular homicide charges both carry potential 15-year prison sentences, though the defendant can't be convicted and sentenced on both charges.

Some have questioned why a trial for this man hasn't already happened, but any experienced West Palm Beach DUI defense lawyer will tell you that these complex matters take time. While family of the victim may say that this is posturing by the defense, but it truly is not.

When a person's liberty is at stake and another person has died, these matters can't be rushed. The reports from police must be carefully studied and witness testimony must be scrutinized. Depositions are scheduled and compared to what was said previously to police.

Perhaps the longest delay is lab work sent to state-run laboratories that often takes months to come back to prosecutors, who then must send it to the defense. Often, these results must be challenged through expert witnesses. The entire process may seem long to onlookers, but it simply takes time to complete.

Any person who could end up facing a criminal charge would want the same consideration. While members of the public who have never faced a criminal charge sometimes want a person convicted right when they see an arrest made, if the shoe was on the other foot, they may not have the same opinion.

Continue reading "March Trial Date Set for Wellington DUI Manslaughter Case" »

A judge recently ruled that the man charged with DUI manslaughter in a crash that killed a Miami Heat dancer must stay in the country permanently, NBC Miami reports.

DUI manslaughter in Fort Lauderdale is a major felony charge because it deals with the death of another person the accused was operating a vehicle.

Our Fort Lauderdale DUI defense lawyers have used our experience to defend many DUI cases, including those involving deaths. Often, these are the most emotional cases and it is important that jurors, judges and prosecutors make decisions based on the facts and the law and not emotion.

It is often the job of an experienced lawyer to present the facts in a case and ensure that a trial stays on track and isn't derailed by anything but the evidence. A defendant requires a fair trial, every time, without fail.

A 43-year-old man was charged in September 2010 after his car collided with a woman's motorcycle, ridden by a 22-year-old Miami Heat dancer.

The man recently requested permission to travel to Mexico City on behalf of his Fort Lauderdale insurance brokerage firm. But a judge ruled that he is not allowed to leave the country, even for business purposes.

Police say the man swerved into her lane, killing her. The man allegedly told police he had two vodka drinks while he was out before the crash. The woman died at the seen.

There are a few lessons that should be taken from this situation. The first is that accidents happen. People get into vehicle accidents on a daily basis and often they are the result of poor driving habits, including being distracted -- talking or texting on the phone, trying to eat and drive, apply makeup or change the radio station.

Sometimes, they are blinded by oncoming headlights or have a vehicle malfunction that causes a crash. Often, a medical problem can be the reason for the accident, too.

Even if a person has had a drink or two, it doesn't mean they were driving drunk. The state must prove that the alcohol in a person's system was the reason for the crash, and that can be difficult.

The other thing to keep in mind here is that while people who have had a drink or two can sometimes cause accidents, so can the victim, especially a motorcycle rider. Many motorcyclists ride far too fast and use aggressive driving habits, which can lead to accidents as well.

Law enforcement officers must not make assumptions that lead to major criminal charges. They must fully investigate and look at all angles and not just the ones that seem obvious. In traffic accidents especially, there is often more than meets the eye.

Continue reading "Man Charged With DUI Manslaughter Ordered to Stay in Miami, U.S." »

The Palm Beach Post reports that a Lake Worth man is sitting in jail on a $1 million bond after he allegedly caused a DUI accident at a West Palm Beach club.

Vehicular homicide and DUI manslaughter are similar charges, with the major difference being that in DUI manslaughter in West Palm Beach, the prosecution must prove that the driver was under the influence of drugs or alcohol at the time of the crash, which can be shown either by a blood alcohol level of 0.08 or higher or by proving the person's "normal faculties" were impaired.

The difficult thing here is that in Florida, prosecutors are able to bring both charges in cases where one person dies. This allows them to present evidence that the defendant either caused the crash that resulted in the death through reckless driving or that it was the influence of alcohol that led to the crash.

Essentially, in the opinion of most West Palm Beach criminal defense attorneys, the state gets two bites of the apple. The are allowed to present two theories of facts against the defendant, who is stuck defending both, although a person can't be convicted of both counts if one person dies.

If the state isn't able to show the defendant was legally under the influence of alcohol or drugs through breath testing, field sobriety tests, blood tests or other means, they can always fall back on the idea that the driver operating a vehicle recklessly, which caused the accident.

In this case, the newspaper reports, a Lake Worth man driving into the parking lot of a West Palm Beach club allegedly pinned another man under a car, killing him. The 26-year-old driver now faces charges of DUI manslaughter, vehicular homicide, two counts of DUI causing personal injury and four counts of DUI causing property damage. The man also faces a charge of causing a death while driving without a license.

Three men were standing in the parking lot of the club when the vehicle approached them. The vehicle struck all three men -- cabbies -- as well as the car in front of which they were standing. The vehicle then struck two other parked vehicles and allegedly pinned another man beneath it as it came to a rest.

The article states that deputies believe either drugs or alcohol were a factor, though the article doesn't explain how detectives came to this conclusion. It's unclear if breath testing or field sobriety tests were conducted at the scene.

In many cases, however, an accident is just that, an accident. Law enforcement often tries to make a simple mistake into a criminal offense and sometimes a West Palm Beach DUI defense attorney must be called to show a jury that's what really happened.

These charges should be defended aggressively, especially given the extensive penalties that death-by-vehicle cases can lead to. Juries must be informed to take all facts into consideration, not just the ones put out by police in the initial report.

Continue reading "DUI Manslaughter, Vehicular Homicide Charged in Fatal West Palm Beach Accident" »

The Miami Herald reports that a 19-year-old University of Miami student was recently charged with DUI manslaughter after allegedly causing an accident in Coral Gables while under the influence of alcohol.

The accident happened recently at the intersection of LeJeune Road and Majorca Avenue, only a mile away from an accident in July that involved a Coral Springs police officer that happened at LeJeune Road and Aledo Avenue.

Fort Lauderdale DUI defense lawyers have represented many defendants charged with DUI manslaughter and many of the principles involved in DUI cases. This includes examining the results of breath or blood testing, and scrutinizing not only police witnesses and their report but also other eyewitnesses as well.

But because DUI manslaughter cases have such high penalties -- possibly up to 15 years in prison and a minimum of four years behind bars if convicted -- more must be done. In most DUI manslaughter cases in Fort Lauderdale, experts, including scene reconstructionists, will be hired to re-create the scene to show jurors that police calculations and assumptions may be wrong.

When so much is on the line, more must be done in order to ensure the defendant gets a fair trial.

In this case, the student was driving her vehicle at the intersection of LeJeune Road and Majorca Avenue at approximately 4:30 a.m. Police say he slammed into a vehicle driven by a 68-year-old woman, who was killed instantly.

At first, the teen was charged with vehicular homicide while police awaited blood test results to come back from the lab. They since added a DUI manslaughter charge, as well as a third-degree felony charge of possessing a false driver's license.

Police allege she used fake IDs to get into Miami Beach's LIV nightclub that night. Toxicology reports showed that her blood-alcohol level was .231, nearly three times the state's .08 limit. The defendant is on house arrest pending trial. She has pleaded not guilty.

As with the Coral Springs officer who was recently arrested after being involved in an accident on LeJeune Road, this defendant faces both DUI manslaughter and vehicular homicide charges. This is possible because prosecutors can rely on the theory that she was negligent or that she was under the influence of alcohol in causing the crash.

While she can't be sentenced for both, if convicted of both, she will likely face the DUI manslaughter charge at sentencing because it is considered more serious. DUI manslaughter requires a mandatory four-year sentence, while there is no minimum mandatory term for vehicular homicide.

These charges are extremely serious and perhaps even more so when a young person's freedom is on the line. DUI-related cases are highly emotional and it's likely the family of the victim will attend hearings and could play a big role in how the prosecution handles the case and how the judge proceeds.

It is critical that all the facts come out and that facts, not emotion, are the decision-making reasons in a case like this. With freedom on the line and a future in the balance, a fair trial is essential.

Continue reading "University of Miami Student, 19, Charged With DUI Manslaughter" »

A Boca Raton man faces a charge of DUI manslaughter after allegedly crashing into a Boynton Beach motorcyclist in March, the Sun Sentinel reports.

This case could be difficult for the state to prove, however, because it is a drug-DUI case and not a typical alcohol-DUI case. This is the rare situation when police believe the driver was under the influence of drugs and not alcohol at the time of an accident that turned deadly.

And police departments are woefully unprepared for such investigations. Every beat police officer gets trained in how to detect a driver under the influence of alcohol, but very few -- less than 1 percent of officers worldwide -- know how to detect how drugs affect a driver and how to spot it.

Yet, this driver faces the ultimate DUI-related charge of DUI manslaughter in Boca Raton. In Florida, this charge can be punished by up to 15 years in prison, a hefty price. And these cases tend to be emotional because of the loss of life.

For that reason, it can be difficult for a Boca Raton DUI defense lawyer to convince a judge to lower the sentence if a person is convicted. Still, aggressively fighting the charges and seeking an acquittal or lower charge conviction is important.

In this case, the 26-year-old defendant is accused of pulling out in front of a Boynton Beach man who was riding a Harley Davidson motorcycle. The motorcyclist hit the side of the vehicle and was thrown from his bike, dying about an hour later at a hospital.

The Sun Sentinel reports that blood tests, which took seven months to complete, showed that the man had oxycodone and alprazolam in his system, as much as four times the prescribed amount. The tests also allegedly showed he had THC, the main ingredient in marijuana.

But the tough thing about these cases is that many drugs can stay in a person's system for days or weeks. Marijuana, for instance, can be in a person's system for as long as 45 days.

Other prescription drugs have various time limits to stay in a person's blood stream, depending on what else the person consumes in a certain time frame. The report states that the man had legally filled prescriptions for the two prescription drugs the day before.

Sometimes, a person has a bad reaction to a prescription drug, which can impair his or her driving ability. But it's not a situation of drug abuse, but rather not knowing how drugs will affect them. Especially when a person takes a heavy painkiller, they may not know how it will affect them or their ability to drive.

Yet, if they get into an accident or get pulled over, they could be facing DUI charges in Boca Raton or throughout South Florida. If a person dies, then all of a sudden they face DUI manslaughter charges.

Continue reading "Drug-DUI Manslaughter Accident in Boca Raton Has Challenges" »

As the Broward DUI Lawyer Blog reported in September, a Coral Gables police officer was arrested and charged with DUI manslaughter and vehicular homicide after an accident in July. The Miami Herald recently reported that the officer has now entered a not-guilty plea after his attorney appeared on his behalf in court.

In Florida, it has become increasingly popular for prosecutors to charge suspects involved in fatal accidents not only with vehicular homicide, but also DUI manslaughter. While some people would consider this inappropriate when one person dies in an accident, courts have allowed state prosecutors to do this.

What this allows the state to do is have a big advantage over a Fort Lauderdale DUI defense attorney and his or her client. For one, while the charges are similar, they are still different. So, the defense must prepare for two different, major charges. Both vehicular homicide and DUI manslaughter in Fort Lauderdale are punishable by up to 15 years in prison.

While a defendant can't legally be convicted of both charges if there is one victim, they can still face both charges at trial, giving jurors equal opportunity to convict on a serious felony. The difference between the two charges is the alcohol influence on the driver and whether the state can prove it.

In DUI manslaughter, the state must prove that the driver not only was under the influence of alcohol, but that he or she was intoxicated as defined under the laws of the state, and it was that intoxication that caused the crash.

To prove vehicular homicide, the state must prove that the person's negligence caused an accident that killed a person, either another driver, a pedestrian or bicyclist. This can be caused simply by speeding or driving recklessly, without the influence of alcohol.

DUI manslaughter is considered a more serious charge because of the use of alcohol. Under the law, a driver must spend at least four years in prison if convicted. Vehicular homicide, however, has no minimum mandatory sentence, as it is considered more of an accidental death.

In the case of the Coral Gables officer, it took three months for blood tests to return from the lab to confirm that his blood-alcohol level was .229, or nearly three times the state's legal limit, at the time of the crash in July, The Miami Herald reports.

According to the newspaper, the 24-year-old officer, a member of the force for five months, was driving at approximately 4 a.m. on July 16 when his vehicle hit another vehicle driven by a 24-year-old student. Witnesses estimated the officer was driving about 60 mph in a 45-mph zone when he struck the other vehicle as it was turning left.

The family of the victim is upset about the way the case unfolded. They were first upset that the officer was allowed to go home and wasn't arrested on the spot, even though officers knew he "smelled of alcohol" and was hospitalized after the crash.

A police report wasn't immediately released after the arrest, as the department cited an "ongoing" investigation. Neither his personnel file nor a press release by the department stated that he was involved in the accident.

Family members said that police officers grilled family members at the hospital, asking questions about why the victim was out so late and whether she was on the phone. Blood tests before she died showed that she hadn't been drinking. The mother of a 4-year-old daughter had been studying that night for a test. The officer's father is a longtime Miami-Dade police officer.

Continue reading "Coral Gables Cop Pleads Not Guilty to DUI Manslaughter Charge" »

A 45-year-old woman will spend the next two decades in prison after recently being convicted of DUI manslaughter in West Palm Beach when she drove into construction workers, killing two of them, The Palm Beach Post reports.

In Florida, DUI manslaughter is punishable by up to 15 years in prison, and judges are typically unlikely to scale back the penalties in order to make a statement to others.

Fighting these charges is the only way to go. That requires the skills of an experienced West Palm Beach DUI defense lawyer. Police can and sometimes do make mistakes in these types of cases. It's the job of a lawyer to analyze every aspect of the case and ensure that all evidence is scrutinized.

In this case, the woman was charged with plowing into three construction workers. Two of them -- a 34-year-old Palm Beach County man and a 53-year-old Stone Mountain, Georgia, man -- were killed.

In a video introduced into evidence, it shows the woman with slowed reflexes and slurred speech telling officers she wants to speak with a lawyer. But they then tell her at least one person was dead. She then tells the officers to take her to jail since she "killed somebody."

The judge told her that it was her ability to choose to drive and have that type of conversation with police that led him to sentence her to 20 years in prison.

"For someone to be that impaired, but still be able to put a key in the ignition and drive for at least a few miles before this crash, that shows that there was some cognitive ability there for you to know that you were drunk," Circuit Judge Jeffrey Colbath told her.

The emotional sentencing hearing included family of the Georgia man telling stories and playing a photo slide show of the man's life. The wife of the Palm Beach man told the judge she will now have to raise her four children alone.

The crash happened on Alternate A1A around 12:30 a.m. June 26, 2009, in Jupiter. A third man, a 39-year-old from Palm Beach County, was injured but not killed. The woman told investigators she was driving home from a party at the time. Police said her blood-alcohol level was .235, which is almost three times the state's legal limit of .08.

Hearings involving DUI manslaughter are always emotional. The victim's family is always enraged that such a preventable death happened, while the defendant's family tries passionately to convince a judge that such a one-time mistake shouldn't ruin their life.

In some cases, taking a pro-active approach, such as entering into alcohol treatment and volunteering to talk to people about the dangers of drinking and driving before trial, can help mitigate the sentence.
The strategy of a defendant and their attorney depends on the facts of the case. And every case is different. Investigators sometimes have very little to work with or a lot of evidence and whether it is credible or not makes a big difference.

Continue reading "West Palm Beach Woman Imprisoned For 20 Years After DUI Manslaughter Convictions" »

A 39-year-old Boca Raton man faces up to 15 years in prison after being convicted recently of DUI manslaughter stemming from a crash in 2006, the Sun Sentinel reports.

Fort Lauderdale DUI defense lawyers have seen many times how one drink too many leads to a crash that claims a life and changes another forever.

While the charge of DUI manslaughter in West Palm Beach is a terrifying one to face, there are defenses and the charge can be beaten. An experienced lawyer will guide a defendant through the complex and intimidating criminal justice system in an effort to reduce or outright beat the charges they face. No one should experience it alone. In fact, everyone has a right to an adequate criminal defense attorney to stand by their side.

In this case, according to the newspaper report, the man had been drinking at a local sports grill one October night in 2006. He admitted to drinking four Crown Royal and Cokes over several hours at the establishment.

After leaving the bar, he decided to drive home. Prosecutors say it was on the ride home that he was involved in an accident. He was driving above the 45 mph speed limit on Yamato Road when he struck a vehicle driven by a woman. She was making a U-turn in the 2200 block when her vehicle was struck by the defendant's. The article doesn't provide additional details, but goes on to state the woman died from her injuries sustained in the accident.

According to investigators, the man's blood alcohol level was 0.12, above the 0.08 legal limit. He is scheduled to be sentenced later this month. The defendant now faces up to 15 years in prison.

In any DUI manslaughter case, the state must prove beyond all reasonable doubt that the accident was the fault of the defendant. This means that jurors can't have any doubt that the driver was not only driving while intoxicated, but also their driving caused the accident and the fatal injuries.

While this may seem somewhat simple to those without experience in the criminal justice system, it is far from it. As many may have experienced, proving who caused an accident, even when alcohol is not a factor, is difficult.

If one driver was speeding, but another pulled out in front, who's at fault? If someone makes a turn in a place he or she is not supposed to turn and gets into an accident, police must be diligent in determining who is at fault.

The same goes for accidents where alcohol or drugs are alleged to be a factor. And this is where we get DUI manslaughter charges. If someone dies as a result of an intoxicated driver who causes an accident, that driver can face up to 15 years in prison.

It is a life-changing charge and requires the skills of an aggressive DUI defense lawyer. This can't be taken lightly. As with any felony, the charges can not only result in loss of liberty, but loss of career and reputation as well.

Continue reading "Boca Man Faces 15 Years in Prison After DUI Manslaughter Conviction" »

A defendant recently came before a Fort Lauderdale judge requesting his 10 years' probation that he is currently serving be terminated. The probation was part of sentencing that stemmed from a fatal DUI accident in 1999. The judge denied his request, 7 News reports.

Many defendants who are charged with DUI manslaughter in Fort Lauderdale end up entering a plea because the evidence against them is overwhelming. Sometimes, though, it is a strategy that not only allows the family to avoid a trial full of gruesome details, photos and reminders, but also gets the defendant a good deal with reduced time.

An aggressive Fort Lauderdale DUI defense attorney can use years of experience and knowledge of the criminal justice system to help defendants get the best possible plea deal or trial defense strategy. While sometimes the evidence is overwhelming, there may be cases with "holes" that can be poked, potentially leading to better offers from prosecutors.

In this case, the defendant was convicted of killing a man in 1999 in a drunk-driving accident, the news station reports. He served two years in prison and was also sentenced to 10 years on probation.

After having served half of that time, he filed a motion to terminate probation early. This is a commonly filed motion by defendants who have had sparkling records of incarceration and probation and have done everything right. In order to reward them for serving their time as well as save the state money to get them off the probation rolls, it can be a win-win situation.

But, as in most DUI manslaughter or alcohol-related cases, the emotions were high inside the Broward County courthouse. A member of the victim's family had to be escorted out by deputies after yelling at the defendant.

The victim's family was there in full force, complaining about the fact that the defendant was simply using the rights he has to file a motion that he is legally allowed to file. They said he was putting them "through a nightmare all over again."

Sadly, sometimes judges allow that emotion from family members to sway their decision when assessing whether the defendant deserves a chance to prove himself or herself out in the world again.

Even with the defendant's family there in support, it wasn't enough as the judge denied the motion. The man will have to remain on probation.

These cases are tough and typically have family members on both sides in tears. But that doesn't mean defendants should get railroaded by the state and the system. They must have an advocate -- an experienced Fort Lauderdale DUI defense lawyer who will stand by their side to preserve their rights.

And that includes every stage of the proceeding, from before trial to after trial and all times in between. A defendant should be well-represented in all situations.

Continue reading "Termination of Probation Early Denied in Fort Lauderdale DUI Manslaughter" »

A Boynton Beach man who caused a DUI wreck that killed a 23-year-old and then fled to Central America was sentenced to 20 years in prison recently, The Palm Beach Post reports.

DUI manslaughter in West Palm Beach is the most serious charge that can be imposed on a defendant, as it carries a possible 15-year prison sentence.

For a charge as serious as that, an experienced and aggressive West Palm Beach DUI defense lawyer must be called in to defend the suspect. There are many defenses that can be employed by an attorney who has decades of experience handling these types of cases.

In an accident in which a person is killed, investigators will automatically look for signs of impairment by the driver. But what they sometimes miss is checking the victim's alcohol level. It's often possible that the person who was killed was the one who was impaired or whose actions caused the accident.

It's also possible, depending on the facts of the case, that officers didn't thoroughly investigate the scene. Accident reconstruction experts who are trained in what police do to re-create a scene can be hired by the defense to dispute information that police and prosecutors attempt to introduce as fact.

In this case, the defendant was scheduled to enter a guilty plea after being free on bond with an ankle bracelet. The Palm Beach Post reports that he cut the ankle bracelet that monitored his movements a month before the plea date was scheduled and flew to Belize, where he was tracked down by U.S. Marshals.

He was responsible for driving his Jaguar north in the southbound lanes of Interstate 95, causing an SUV to swerve and overturn to avoid hitting his vehicle. Three passengers in the vehicle were ejected. One died and the two others were seriously injured.

The newspaper reports the man had a blood-alcohol level of 0.144, nearly twice the legal limit of 0.08. He also had trace levels of cocaine in his system.

Family and friends say he was a once-successful businessman who had worked for IBM and created a business of his own. He helped a woman emigrate from China at the age of 16 to work for his company. She cried as she told the judge she let him down by not doing more to curtail his drug and alcohol use after a bad divorce.

These cases are always tragic, not only for the victim and his or her family, but also for defendants who find themselves in a position of facing decades in prison for a crime they didn't seek to commit. They often find themselves shocked that they are in a position to beg for mercy in order to avoid spending time in prison for a one-time mistake.

These cases are high in emotion and must have a level-headed defense attorney involved. A good West Palm Beach lawyer will see the case based on its facts, and carefully examine the prosecution's version of events that may be disputed. A person whose life and liberty are on the line deserves no less.

Continue reading "67-Year-Old Boynton Beach Man Gets 20 Years in DUI Manslaughter Case" »

A 20-year-old man from Boynton Beach faces the very real possibility of prison time for allegedly killing two elderly sisters in a November crash, The Palm Beach Post reports.

The man now faces two counts of DUI manslaughter -- punishable by a maximum of 30 years in prison -- after he was involved in a crash November 20 near Jog Road and North Oriole Boulevard in Palm Beach County.

DUI Manslaughter in Palm Beach County is the most serious DUI-related charge on the books in Florida. To be convicted of the charge, the state must prove that the driver was under the influence of alcohol while operating a vehicle and was responsible for killing a person, even an unborn child.

Under Florida Statute 316.193, that person faces a maximum of 15 years behind bars and a minimum term of four years.

You can see by the penalties just how important hiring an experienced and aggressive Fort Lauderdale DUI Defense Attorney is in these situations. The penalties threaten the defendant's liberty and well-being. An attorney is the only thing stopping the state from pummeling the defendant with penalties, helping the defendant to stand up and fight for his rights.

In this case, the 20-year-old ran into a 2009 Nissan Altima sedan with his 1999 Dodge truck one November evening. Investigators allege that the driver of the sedan was attempting to make a left turn when the vehicle was struck by the truck. The 84-year-old driver, from California, and her 81-year-old sister, of Delray Beach, were killed.

The news article doesn't state why investigators believe they have evidence to suggest the 20-year-old was under the influence of alcohol or that the crash was his fault. It remains to be seen how this case will play out in court. The man turned 21 recently.

There are two extremely important elements that must be proven in a DUI manslaughter case -- that the driver was under the influence of alcohol at the time of the crash and that the driver and the crash caused the fatal injuries.

In Florida when accident victims are older, what must be considered is who was actually at fault. Older drivers in Florida tend to make unreasonably slow turns, sometimes get lost and have been known to drive into buildings, oncoming traffic and other places. That's obviously a stereotypical statement, but it's an element of a DUI manslaughter case that must be considered.

Police officers must have undeniable proof that a driver was under the influence of alcohol at the time of the accident. That means they must have been able to show through blood testing, field sobriety testing, breath testing and other means of investigation that the driver's blood alcohol content level was .08 or higher.

This isn't as easy as it may sound as there are many ways to challenge all those elements of a case. But it can't be done by a person alone. Hiring an experienced Fort Lauderdale DUI Defense Attorney can help a defendant get a fair trial.

Continue reading "Boynton Beach Man Faces DUI Manslaughter in November Crash" »

A Delray Beach man will now spend 10 years in prison after accepting a plea agreement in connection with the death of a 3-month-old baby, The Palm Beach Post reports.

Tragedies like these are difficult. Yet despite them, a defendant must be afforded the right to a fair trial in any case, especially a charge of DUI manslaughter in West Palm Beach or elsewhere in South Florida.

In Florida, DUI manslaughter is punishable by up to 15 years in a state prison, making the need for a strong defense that much more important. This can include scene reconstruction, aggressive questioning of witnesses and police as well as witnesses who can aid the defense by contradicting the people the state intends to call at trial.

All of this work must be done by an aggressive Fort Lauderdale DUI Defense Attorney and must not be left up to someone who has few years of experience. After seeing these cases for years, an attorney has a good idea of what tactics the state tries to use in trying to secure convictions.

The 32-year-old Delray Beach man was involved in an accident last year at Forest Hill Boulevard near Kudza Road. He crashed into the backs of two vehicles, killing a small child in one and injuring others in the other vehicle.

The infant was strapped into a car seat, but when the impact of the crash moved the back seat of the minivan she was in, it killed her. Her mother and 8-year-old brother were injured, as were a 2-year-old girl and a man in the other vehicle.

Just before the accident, witnesses say, the man was driving erratically and speeding while appearing to be staring at the sky and not at the road. The crash happened around 2:30 p.m. on a Saturday and witnesses said the man got out of his vehicle and began pacing around the vehicles before running away. Police later found and arrested him.

The article doesn't make clear what proof the state had that he was under the influence of drugs or alcohol at the time, but he agreed to a plea deal that will put him in prison for 10 years; he will still serve five years of probation upon release. He must also pay $10,000 in restitution.

What many people don't realize is that restitution is a penalty on top of prison and probation that a defendant facing charges of DUI involving a crash can face. If the state seeks money for damages, a judge can make the defendant, after being convicted, pay back victims for their injuries. That's on top of possibly facing a civil lawsuit.

This penalty is one more reason for a DUI defendant to trust an experienced West Palm Beach DUI Defense Attorney who will assess all aspects of the case and use the law to its fullest advantage.

Continue reading "Delray Beach Man Faces 10 Years in Prison for DUI Manslaughter" »

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.

Continue reading "Drunk Driver Gets 15 Years in DUI Manslaughter Case That Killed Nuns" »

A Lake Worth teenager was recently arrested and charged with two counts each of DUI manslaughter, two counts of vehicular homicide and one count each of causing or contributing to serious bodily injury while under the influence, and causing or contributing to injury to person or property while under the influence, The Palm Beach Post reports.

DUI manslaughter charges in Fort Lauderdale are punishable by up to 15 years in prison per count. Same with vehicular homicide. And juveniles charged with DUI-related crimes face challenges because a conviction can sometimes disqualify teens from scholarships, college admission, jobs and other benefits. Hiring an experienced Fort Lauderdale DUI Defense Lawyer is critical to making sure a person is properly defended in court.

The 18-year-old facing the charges is being held on $25,000 bond, with the option of supervised release, The Palm Beach Post reports. The charges related to a February accident along Lake Osborne Road in West Palm Beach when the driver allegedly lost control of his Ford F-150 truck and crashed into a tree. Two other teens were killed and a third injured.

A fourth passenger, along with the driver, was not hurt. The driver told the newspaper after the crash he had consumed just one beer and was driving friends home at the time. The road was wet, the newspaper reports.

If he makes bond, the defendant must not possess or consume alcohol, illegal drugs or prescription drugs without a prescription, operate a motor vehicle, violate the law or go to a bar or liquor store.

What is evident is that even without a conviction, this defendant faces a laundry list of conditions just to be free before he even gets to trial. That's what often happens in cases of DUI manslaughter and sometimes other DUI-related felony charges.

What is also a trend in Florida courtrooms is prosecutors charging someone with both DUI manslaughter and vehicular homicide. In this case, the defendant faces both charges for each person who died in the crash. This is possible because the state is allowed to present evidence to prove either crime in the hopes that one sticks with the jury.

The charges are somewhat different but both involve the death of a person by way of vehicle. The difference being that DUI manslaughter involves the use of alcohol above the state's .08 blood-alcohol content limit. Both charges are punishable by up to 15 years in a state prison and DUI manslaughter requires at least four years in prison, upon conviction.

So, fighting these charges aggressively, by challenging eye witness accounts, re-creating the scene and hiring experts to examine and testify on behalf of the client, digging into field sobriety or breath testing results and other areas are all things that go into defending a client facing these charges.

The first step is not to make any statements to officers or anyone else if you are facing these types of charges or are being investigated. While some people think that's an admission of guilt, it isn't. That is exercising your rights. Consult with Fort Lauderdale DUI Lawyers before doing anything, so we can help you in defense of these charges.

Continue reading "Lake Worth Teen Faces Charges of DUI Manslaughter, Vehicular Homicide in February Crash" »

A Miami woman was killed after two vehicles crashed on Interstate 95 in Daytona Beach, The Daytona Beach News-Journal reports.

Miami DUI manslaughter is the most serious charge a person can face related to driving, as it involves the death of another person while the driver was above the legal blood-alcohol level limit of .08. Unlike simple DUI, DUI manslaughter can put a person in prison for up to 15 years and possibly longer if other, accompanying charges are filed. This is why hiring a Miami DUI Attorney with decades of experience is so important.

In the Daytona Beach case, the woman was the front-seat passenger in an SUV that was heading northbound on the highway. According to the news report, the driver of a sedan hit the rear of the SUV, causing it to veer out of control and roll over. It's unclear if the driver of the SUV was injured.

The driver of the sedan is charged with DUI manslaughter and vehicular homicide, which brings up an interesting point. In Florida, more and more prosecutors are charging defendants with both of these charges in an accident where only one person dies.

While many people may look at that and become confused about how a person could be charged with two crimes that involve a death. It allows prosecutors to try to prove both crimes even though a person can only be convicted of one of the charges.

In Florida, vehicular homicide in Florida Statutes 782.071 is defined as "the killing of any human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause death of, or great bodily harm to, another.

And DUI manslaughter, in Florida Statutes 316.193 (3) means anyone who, if their blood-alcohol content level is .08 or higher, operates a vehicle and causes "the death of any human being or unborn quick child." This charge carries a mandatory four-year prison sentence.

Both crimes are punishable by up to 15 years in prison. Sadly for defendants, filing both charges in a case gives the state a big advantage because they are able to show a jury evidence that can lead to a conviction of either crime. While this rarely happens in other types of crimes, it has become routine in DUI cases.

And so it becomes extremely important to make sure you have an aggressive attorney standing by your side, challenging every piece of state evidence. Whether it's the breathalyzer testing done at the scene, the field sobriety tests that the officer gave and whether the officer is properly trained, or finding inconsistencies in the eye witness accounts, our firm will study the case and figure out your best avenue of defense.

DUI manslaughter and vehicular homicide can be complex charges to defend and so it's important to begin working on the case as quickly as possible in order to present the best defense. If you are arrested and charged with these crimes, call our firm immediately.

Continue reading "Miami Woman Killed in DUI Manslaughter Crash in Daytona Beach" »