Deputies Add DUI Manslaughter to List of Charges Against Orlando Woman
An Orlando woman is now facing an added charge of DUI manslaughter after being involved in a fatal Polk County crash that deputies say killed one of her passengers and injured two others. On Friday, July 19, authorities arrested a 36-year-old woman and charged her with vehicular homicide for the death of a 39-year-old passenger. The Polk County Sheriff’s Office announced the additional charge after traffic homicide investigators received lab test results of the suspect’s blood that indicated she was intoxicated when the accident occurred. Authorities say the results showed that the suspect’s blood alcohol content was 0.295, which is nearly three and a half times the legal limit of .08.
The suspect was already facing a vehicular homicide charge due to her decision to drive over 70 mph in a 30 mph zone. The new charge is related to her decision to drink while under the influence of alcohol. Her passenger lost her life because of her choices, according to the Polk County Sheriff’s Office, and there were two children in the car at the time of the accident who were also injured and lost their mother.
The Polk County Sheriff’s Office said the crash occurred on North Ridge Trail in Davenport. Investigators say they determined that the suspect was going between 72 and 79 mph at the very least, in a 30 mph zone when the Nissan she was driving left the roadway at a 90-degree corner. The car then went over the guardrail, through a fence, and struck a tree. The victim, who was from Jacksonville, was ejected from the car and died at the crash site. In addition, the victim’s two children (a 15-year-old girl and a 10-year-old boy) were also injured and taken to the hospital. Both children survived their injuries.
The driver was also injured, sustaining facial fractures during the crash. She was taken to the hospital before her arrest.
DUI manslaughter charges in Florida
DUI manslaughter is considered a serious crime in Florida. Technically, it is considered a second-degree felony with a maximum sentence of 15 years in state prison. It also has a mandatory minimum sentence of 4 years and a recommended sentence of 10 years. That means that the court must impose a sentence of 10 years unless they can find a valid reason to depart from the recommended 10-year sentence.
The elements of the crime of DUI manslaughter in Florida are:
- The defendant is an operator of a vehicle or has control over a vehicle;
- Through the operation or control, they kill another human being or an unborn child capable of living outside the woman (known as a “quick child” under Florida law).
- While the driver’s ability to operate a motor vehicle safely was impaired by alcohol or drugs or they had a blood alcohol concentration of .08 or greater
- The operation causes the death of another individual
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of those who have been charged with DUI in the Orlando area. Call our Orlando DUI attorneys today to schedule an appointment, and we can begin discussing your defense immediately.
Source:
wtsp.com/article/news/crime/dui-manslaughter-charge-orlando-woman-polk-county-crash/67-ddc5d5cd-2507-4d99-8a54-7ec6cebf3a5f
