Florida Man Facing Multiple DUI Charges After Wrong-Way Crash
Florida Highway Patrol recently arrested a man after he was found driving the wrong way in Tampa on State Road 589. The 45-year-old Kissimmee man caused a crash while driving in the wrong lane. Troopers say that his car struck another vehicle leaving both the driver and the passenger with serious injuries. Both were taken to the hospital for treatment. The 45-year-old driver sustained minor injuries in the crash. According to the arrest report, he was taken into custody on charges of driving under the influence, DUI involving serious bodily injury, and DUI causing property damage or personal injury.
DUI causing serious bodily injury
Under Florida law, the crime of DUI causing serious bodily injury is considered a third-degree felony. Those charged with DUI causing serious bodily injury can face a maximum sentence of 5 years behind bars. By definition, the prosecution must prove that the driver was operating their vehicle under the influence of alcohol and caused another individual (another driver or a passenger) a serious bodily injury as a result of an ensuing accident.
The prosecutor must do more than establish that the driver was in physical control of the vehicle when the accident occurred. They must establish that the driver either caused or contributed to the accident that resulted in serious bodily injury. It is a defense to DUI causing serious bodily injury to say that the accident was the other driver’s fault. However, if an intoxicated driver even contributed negligence to the accident, they can still be charged with DUI causing serious bodily injury. The prosecutor must only establish that the driver was negligent for the crash. In the case mentioned above, the driver was driving on the wrong side of the road when the crash occurred. So, the prosecutor will not have to do much work to establish that he was the “cause” of the accident.
To prove DUI causing serious bodily injury, the prosecutor must then establish that the victim’s injuries were “serious” under the definition provided by law (316.1933(1)(b)). Under Florida law, “serious bodily injury” means an injury to any individual (passenger, another driver, a pedestrian) 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 a bodily member or organ
As a third-degree felony, DUI causing serious bodily injury is charged as a third-degree felony which can have a maximum sentence of 5 years in state prison and a fine of $5,000. A conviction for this offense may also carry a mandatory minimum sentence. This is most frequent when the victim’s injuries are classified as “severe.”
Talk to a Florida DUI Attorney Today
If you have been charged with DUI causing serious bodily injury, you will need legal representation to defend yourself from the charges. With a potential mandatory minimum sentence, you can face prison time for this offense. Call the Florida DUI defense lawyers at the FL DUI Group today to schedule an appointment and learn more about how we can help.
Source:
wesh.com/article/kissimmee-man-arrested-wrong-way-crash/45930224
