FHP Arrests Driver After Fatal Crash in Orlando
The Florida Highway Patrol recently reported that a driver has been arrested for driving under the influence following a fatal crash in Orlando last month. According to FHP, the crash happened around 4 a.m. Sunday on South Orange Blossom Trail just south of the intersection with Skyview Drive. Troopers reported that a Lexus IS sedan traveling southbound struck a pedestrian who was walking from east to west across the roadway. The victim who was struck was transported to Orlando Regional Medical Center where she was pronounced dead. FHP identified the vehicle’s driver as a 26-year-old woman from Orlando. FHP said the driver was arrested for DUI manslaughter.
What is DUI manslaughter?
DUI manslaughter is the most serious DUI crime that you can be charged with in Florida. It is considered a second-degree felony and is punishable by up to 15 years in state prison. In addition, the law requires a judge to sentence the defendant to a minimum of four years in prison if they are convicted or plead guilty to the crime.
Under the American system of law, the party who brings the case forward has the burden of persuasion. In a criminal case, the burden of persuasion is high, beyond a reasonable doubt. The prosecution must prove beyond a reasonable doubt that a defendant:
- Had actual physical control over the vehicle
- Killed another person or unborn child capable of living outside the womb (known as a quick child under Florida law)
- While the driver’s ability to operate the vehicle was impaired by drugs or alcohol
- That the operation caused the death of the victim
Those convicted of DUI manslaughter in Florida serve time in state prison. They will serve at least four years under the sentencing guidelines for this crime. When they earn their freedom, either after their sentence expires or through early release, the offender will be subject to probation. The judge will set the probationary terms designed to help the individual reintegrate into a free society while ensuring the suspect’s sobriety. Violating probation is grounds for resentencing, and the offender could return to prison despite having served a long sentence.
DUI probation is difficult. The terms can be painful to satisfy. The sentencing judge could impose a community service requirement and order the individual to successfully complete a long-term residential or outpatient substance abuse treatment program.
In addition, a conviction of DUI manslaughter could affect your immigration status. The consequences of a DUI manslaughter conviction are quite harsh. If you’ve been charged with DUI manslaughter in Florida, you will need a skilled criminal defense attorney to defend you from the charges.
Talk to an Orlando, FL DUI Attorney Today
The Florida DUI attorneys at FL DUI Group represent the interests of those charged with DUI-related crimes in Orlando. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
wesh.com/article/fhp-arrest-driver-dui-fatal-crash-orlando/63194269
