Drunk Driver Charged in Fatal Pedestrian Accident
A 22-year-old man has been charged in a fatal DUI accident that claimed the life of a pedestrian. The man, who hails from St. Cloud, was traveling on John Young Parkway at 11:30 PM. The pedestrian has not been identified.
Images of the crash showed severe damage in the front part of the car and a shattered windshield. Where the windshield had shattered, there was a large hole at the point of impact where one could only imagine that a human head had struck.
The man was later pulled over by police after an officer witnessed the man driving his car with the damage. Police are awaiting toxicology results.
DUI Manslaughter in Florida
In cases where someone dies as a result of a DUI, police have a tendency to vigorously prosecute the crime and prosecutors will seek to charge the individual responsible to the full extent of the law. The fact that the defendant never intended to harm anyone is beside the point in these cases. Prosecutors do not have to prove intent. They only need to show that the defendant took a life while driving under the influence of alcohol.
The precise law and its legal requirements for successful prosecution can be found in 316.193. DUI manslaughter is defined as causing the death of another person while driving under the influence of alcohol. It is a very serious crime under the law carrying a maximum penalty of 15 years and a minimum mandatory prison sentence of 4 years.
Defense Against DUI Manslaughter
In cases where you have a first-time offender who is young (in this case, the defendant is 22 years of age), you can ask the court for mercy. No one wants to see a second life destroyed. On the other hand, a life was lost.
In these cases, where guilt can be firmly established, a defense attorney may be able to negotiate a charge down on the condition that the defendant seek inpatient care for alcoholism and drug abuse. It’s important to remember, however, that the victim’s family will play a major role especially now after Marsy’s Law has gone into effect.
In this case, the defense attorney can attempt to claim that the defendant was not legally drunk under Florida law or that the tests for intoxication were not administered properly. If the defense can find any cause for fault with the prosecution’s case, this can be used to negotiate a lighter sentence.
Depending on the toxicology reports, the state’s attorney will likely file charges against the defendant. If the toxicology reports come back over the limit, the defense attorney will have to call the results into question.
Talk to an Orlando DUI Manslaughter Attorney Today
If you have been charged with DUI manslaughter, you need a Florida DUI defense attorney who understands the law and can weaken the prosecution’s case in order to secure a lesser charge with a lesser sentence. Talk to the FL DUI Group today. We have experience in DUI defense and can get you a result that you can live with.