Florida Woman Critically Injures Two People in DUI Crash
A Florida woman is facing DUI charges after deputies allege that the vehicle she was driving critically injured two people before crashing. According to the St. Johns County Sheriff’s Office, deputies responded to a report of a crash at around 2:00 a.m. Police said that witnesses reported a vehicle traveling at a high rate of speed. Witnesses said that the vehicle struck two women who were on the sidewalk. Police say that the vehicle continued to travel into a parking lot after striking the women where it struck a parking sign and a pay-to-park kiosk.
The 21-year-old driver is facing serious charges of DUI, DUI causing serious bodily injury, and DUI causing property damage.
Analyzing the charges
The crime of DUI causing serious bodily injury is defined in Florida States Section 316.193(3). Under the law, the crime consists of three factual elements which a prosecutor must prove beyond a reasonable doubt. Those are:
- The defendant was driving or in actual physical control of the vehicle
- While the defendant was driving or in actual physical control of the vehicle, the defendant was under the influence of alcohol (had a BAC of .08 or higher)
- As a result of operating their vehicle under the influence of alcohol, the defendant caused or contributed to a crash causing serious bodily injury to another person
To prove that a defendant committed the crime of DUI causing serious bodily injury, prosecutors must establish beyond a reasonable doubt that the defendant caused or contributed to the victim’s injury. This means establishing:
- The defendant was under the influence of alcohol
- The defendant caused or contributed to a car crash
- The crash seriously injured another person
Under the law, bumps, scrapes, and bruises do not constitute a “serious bodily injury.” Florida Statutes defines the term “serious bodily injury as any injury that:
- Creates a substantial risk of death
- Creates a substantial risk of serious personal disfigurement
- Creates a substantial risk of the loss or impairment of any part of the body or organ
In the case mentioned above, it’s unclear how substantial the victims’ injuries are. However, according to police, the victims were left in critical condition. This, therefore, means that the crash resulted in a substantial risk of death. That means that the victims’ injuries qualify the defendant for a charge of DUI causing serious bodily injury.
The crime of DUI causing serious bodily injury is charged as a third-degree felony in Florida. The crime has a maximum sentence of 5 years in state prison. The court will consider aggravating factors such as whether the defendant has prior DUIs or how high their BAC was at the time of the crash. While prison time isn’t mandatory for this offense, aggravating factors will increase the likelihood that the courts will sentence a defendant to prison time.
Talk to an Orlando, FL DUI Defense Attorney Today
FL DUI Group represents the interests of those charged with DUI offenses in Orlando. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
clickorlando.com/traffic/2024/01/08/woman-accused-of-dui-after-crash-that-critically-injured-2-near-national-monument-in-florida/
