Man Arrested on DUI Charges Stemming from Fatal 2023 Crash
Florida police have made an arrest in an April 2023 rear-end collision that killed two motorcyclists near the Orange-Osceola line. A 62-year-old man was arrested for the double fatal wreck on Narcoosee Road at Boggy Creek near St. Cloud. According to the Florida Highway Patrol, a 2015 Dodge Durango driven by the defendant struck the back of a 2006 Suzuki motorcycle. The ensuing crash caused two men on the bike to be thrown off. A 56-year-old man and a 59-year-old man were both killed in the crash, according to troopers. An arrest warrant said a trooper observed signs of impairment from the defendant and a voluntary blood test showed his blood-alcohol level measures .17, over twice the legal limit. The driver is now facing charges of DUI manslaughter and vehicular homicide.
Understanding vehicular homicide charges in Florida
Vehicular manslaughter is similar to DUI manslaughter and the two crimes are often charged together, even though you can only be convicted of one of them at the same time. Vehicular homicide is considered a second-degree felony in Florida with a maximum prison sentence of 15 years and a $10,000 fine. If the driver left the scene of the accident, they could be charged with a first-degree felony with a maximum prison sentence of 30 years.
Vehicular homicide, as defined by Florida Statute § 782.071, is causing the death of another person while recklessly or negligently operating a vehicle. You can also be charged with vehicular homicide if you cause the death of an unborn baby who would have survived outside of the womb.
By contrast, DUI manslaughter charges are brought when someone is killed in an accident with a driver who is under the influence of drugs or alcohol. Under Florida Statute § 316.193(1) and (3)(c)(3), a driver can face criminal consequences if they are in “actual physical control” of a vehicle while under the influence to the point where their normal faculties are impaired. DUI can also be proven by establishing that the driver had a BAC (blood alcohol concentration) of .08% or higher. It’s important to understand that the prosecution does not need to prove intent to harm. The prosecution only needs to prove you caused the death of another individual while under the influence of drugs or alcohol.
While the two crimes are similar, they are charged by prosecutors in different situations. In terms of vehicular homicide, the prosecution needs to prove recklessness. Street racing and excessive speeding are examples of conduct that could give rise to a vehicular homicide charge. However, the prosecution needs to do more than prove you were just speeding to gain a conviction for vehicular homicide. Simple speeding isn’t enough to prove culpable negligence.
Talk to an Orlando DUI Lawyer Today
FL DUI Group represents the interests of Orlando residents who are facing charges of DUI or related crimes. Call our Florida DUI attorneys today to schedule an appointment, and we can begin building your defense right away.
Source:
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