Driver Facing DUI Manslaughter Charge for Hit and Run on Motorcyclist
A Florida driver is facing several DUI charges after police allege the man struck and killed a motorist before fleeing the scene of the crash recently, according to the news release. Melbourne police responded to the crash at around 11:57 p.m. According to the press release, an initial investigation revealed that a Nissan Maxima was turning right onto North Harbor City Boulevard from Lake Washington Road when it struck a Yamaha motorcycle.
Police said the Maxima, which was driven by the 36-year-old defendant, left the scene of the crash before being discovered “a short distance away.” According to police, the suspect was found walking away from the area not far from where his car was found.
The defendant was placed under arrest and now faces charges of DUI, DUI manslaughter, DUI with property damage, and leaving the scene of a crash with serious bodily injury or death, according to the press release.
DUI manslaughter and leaving the scene of a fatal accident
The defendant is accused of not only causing an accident that led to the death of another person but also of leaving the scene of the accident after the accident occurred. Hence, the defendant is charged with DUI manslaughter, which is a very serious crime in Florida. Under Florida law, DUI manslaughter is considered a second-degree felony punishable by up to 15 years in prison. The mandatory minimum sentence for DUI manslaughter is 4 years in state prison. However, the recommended sentence is 10 years. A judge must find a good reason to diverge from the recommended sentence to levy what’s called a downward departure sentence of four years.
But for this driver, the situation is even more dire. Because the driver left the scene of the accident, he can be charged with a first-degree felony. Instead of facing a 10-year recommended sentence, the driver will be facing a 30-year maximum because he fled the scene of a fatal accident.
Ultimately, this is the worst DUI charge you can face under Florida law. It not only involves the death of another driver, but also a failure to stop and render aid. The motorcyclist could have gotten medical attention at the scene had the driver stopped and called 911. We don’t know for sure if first responders could have saved the driver, but we do know that every individual has a duty to stop and render aid after a car accident. In this case, the driver didn’t, and now, he’s facing a first-degree felony with a maximum sentence of 30 years in state prison. Had the driver stopped, he might have qualified for the 4-year downward departure sentence.
Talk to an Orlando DUI Lawyer Today
FL DUI Group represents the interests of Florida drivers who are facing serious DUI charges. Call our Florida DUI defense lawyers today to schedule an appointment and we can begin preparing your defense right away.
Source:
clickorlando.com/traffic/2024/10/21/driver-faces-dui-charges-in-hit-and-run-crash-that-killed-motorcyclist-in-melbourne-police-say/
