Driver Facing DUI Manslaughter Charge After Killing Six-Year-Old on a Bike
An Orange County, Florida man is facing charges of DUI manslaughter after he struck and killed a six-year-old boy on a bicycle Saturday afternoon, according to the Florida Highway Patrol. Troopers said the crash occurred at the intersection of White Cloud Avenue and W. Tahoe Street in Orange County around 4:43 p.m. According to the crash report, a Chevrolet Suburban being driven by a 53-year-old Apopka man was traveling on White Cloud Avenue, approaching West Tahoe Street while, at the same time, a six-year-old boy on a bicycle was traveling east on W. Tahoe Street approaching White Cloud Avenue. The crash report indicates that a witness stated that the Suburban failed to stop at the posted stop sign. As a result, his vehicle struck the six-year-old child on the bicycle. The child was taken to a nearby hospital where he was pronounced dead.
DUI manslaughter charges in Florida
DUI manslaughter is considered a very serious crime and requires the court to impose a penalty of mandatory prison time. Unlike almost all other crimes in Florida, DUI crimes do not require a “guilty mind” to commit the crime. In other words, you don’t have to intend to hurt anyone. For a crime like murder, the prosecution has to prove your intent. In terms of DUI manslaughter, the government does not need to prove that you intended to harm anyone.
Instead, they can simply prove that you were in control of the vehicle, under the influence of alcohol, when you caused the death of another individual. This individual can be another driver on the road, a passenger, or a six-year-old riding his bicycle.
The components of the crime of DUI manslaughter are:
- Operating or having physical control over a vehicle;
- Through such operation or control, you kill another human being or unborn child capable of living outside the womb, also known as a “quick child” under Florida law;
- While your ability to operate a motor vehicle safely was impaired by alcohol or narcotics or had a blood alcohol concentration at or above the legal limit of 0.08%;
- The operation caused the death of the victim.
The prosecution does not have to prove guilty intent, but they do have to prove that the accident that caused the death was the fault of the driver who was allegedly under the influence. In the case mentioned above, a witness said the driver blew through a stop sign and struck the child. Had he come to a complete stop at the stop sign, the child would likely still be alive. So, the prosecution has a strong case against this individual driver.
Talk to an Orlando DUI Attorney Today
The Florida DUI attorneys at FL DUI Group represent the interests of those charged with DUI in the Orlando area. Call our office today to schedule an appointment, and we can begin discussing your defense right away.
Source:
clickorlando.com/traffic/2025/01/19/driver-faces-dui-charges-after-hitting-killing-6-year-old-on-bicycle-in-orange-county-troopers-say/
