Orlando Woman With Three Prior Convictions for DUI Faces Two Counts of DUI Manslaughter After Fatal Accident
Police have arrested an Orlando woman after a horrific accident at an intersection. Police say that the driver ran a red light and crashed into a Kia Soul with her Jeep Grand Cherokee. Two individuals, a father and a son, were killed in the crash. A 50-year-old father and his 19-year-old son were both killed in the horrific crash. The defendant is facing two counts of DUI manslaughter, vehicular homicide, violation of probation, and driving on a suspended license.
The crash happened just after 1 p.m. The victims were attempting to make a legal left-hand turn from Lake Underhill onto Rouse Road when the Jeep Grand Cherokee ran the red light and struck their vehicle. Their Kia flipped over several times before coming to a stop on its roof. A massive amount of damage was done to both vehicles.
According to the arrest report, the defendant has three prior DUI convictions and lost her license a few months before the accident occurred. Police are awaiting the results of a toxicology report after the defendant was transported to the hospital. Police, however, feel confident that the driver was drunk at the time of the accident.
Tallying up the charges
The defendant could face 20 years on the DUI manslaughter charges alone. In many cases, the average sentence for a DUI manslaughter charge is 4 years. However, the recommended sentence for such an offense is 10 years under Florida law. A judge in a DUI manslaughter case must find good reason to deviate from the recommended sentence to give the defendant a four-year sentence. This is known as a downward departure sentence. In the case of DUI manslaughter, the absolute minimum sentence you can face is four years. But you must present mitigating circumstances to the court for such a downward departure sentence. For example, you could argue that it’s your first DUI offense. That would be a good reason to deviate from the 10-year recommended sentence. In this case, the defendant had three prior DUIs on her record and was driving on a suspended license. She is unlikely to qualify for special consideration. A judge will look at her conduct and see someone who represents a danger to the general public. They will want to ensure that she faces at least the minimum recommended sentence for DUI manslaughter.
The police have also charged her with vehicular homicide. That charge is likely to be dropped once the results of her tox screen come back. If the results of the tox screen show her BAC was above the legal limit, then she will face the DUI manslaughter charge instead of the vehicular homicide charge. If her tox screen comes back below .08, she can still face the vehicular manslaughter charge.
Talk to an Orlando DUI Attorney Today
The Florida DUI defense attorneys at FL DUI Group represent the interests of those who have been charged with DUI in the Orlando area. Call our office today to schedule an appointment and we can begin discussing your case right away.