Florida Woman Charged with DUI Manslaughter in the Death of Her Daughter
Yes, you can be charged with DUI manslaughter after the death of a passenger in your own vehicle. One Florida woman is learning this the hard way after a fatal DUI collision took the life of her own daughter. Apopka police announced the arrest of a 34-year-old woman. The police say that the woman was involved in a single-vehicle crash on State Road 429 that tragically took the life of her four-year-old daughter and caused serious bodily injury to another child in the vehicle. The defendant was charged with the following crimes:
- Aggravated manslaughter of a child
- DUI manslaughter
- Vehicular homicide
- Child neglect with great bodily harm
- DUI causing serious bodily injury
Aggravated manslaughter of a child in Florida
The crime of aggravated manslaughter of a child is defined by Florida Statutes § 782.07. It is the most serious offense that the defendant is charged with. It describes a situation where an individual causes the death of a child through culpable negligence. A child is defined as anyone under the age of 18. Culpable negligence is proven by showing that the individual had an indifference to the rights of others. Aggravated manslaughter of a child is considered a first-degree felony, among the most serious felonies you can face in Florida. The penalty includes up to life in prison, life on probation, and a fine of up to $10,000.
Manslaughter itself, including DUI manslaughter, is considered a second-degree felony, by contrast. It is punishable by a term not exceeding 15 years. Manslaughter can be considered “aggravated” when the victim is under the age of 18, elderly, disabled, a law enforcement officer, a fireman, an EMT, or a paramedic.
DUI Manslaughter in Florida
DUI manslaughter describes the crime of killing another individual while operating your vehicle under the influence of drugs or alcohol. You can find this crime listed under Florida Statutes § 316.193. It is considered a second-degree felony under Florida law. The crime has the following elements:
- The driver was operating a vehicle or had actual physical control of the vehicle
- The driver was under the influence of alcohol or a controlled substance or had a blood-alcohol level of .08% or higher
- Another individual was killed either directly or indirectly
DUI manslaughter has a recommended sentencing range between 124.5 months and 15 years in prison. Absent a downward departure sentence imposed by a judge, you will face at least 10 years for this crime. If the judge allows a downward departure sentence, then you must still face a minimum of 4 years in state prison. So, 4 years is the absolute least you can be sentenced to for this crime.
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of those who are facing serious DUI crimes in the Orlando area. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
Source:
wftv.com/news/local/central-florida-woman-charged-with-dui-manslaughter-after-killing-4-year-old-daughter/PHBPA42NPJCJBMXKLOIPXDZI2M/
