Motorcyclist Severely Injured As Woman Faces Fourth DUI
Under Florida rules of law, DUIs are charged with upgraded severity the more of them you have within a ten-year period. In addition, causing severe bodily injury will also ensure your charges go up. To be certain, by the time you’ve been charged with your fourth DUI and this time you injured someone, the law will figure you’re not getting the picture. Prison time could be forthcoming on these charges.
According to police, the woman simply rear-ended the motorcyclist as he was stopped at an intersection. She then refused to submit to chemical testing. Since this is the fourth DUI in 10 years, it will be charged as a felony. DUI causing serious bodily injury is also a felony. Both charges have 5-year maximums. In this case, the defendant will likely be headed to prison. The court will assume that she will continue to drink and drive regardless of the consequences.
Analyzing the prosecution
Prosecutors will characterize the defendant as an unrepentant menace to society who does not care if she causes death or injury to the public. She will do as she pleases regardless. The defense will characterize the defendant as someone who is struggling with her mental health after suffering a series of life setbacks and personal traumas. Unfortunately, the law doesn’t particularly sympathize with those who use their personal traumas to justify activity that harms others. Ultimately, the woman will be held accountable in a manner that she was not held accountable before.
Prosecutors will not have to expend much effort to make their case. So, in the event that a defendant had no defense to prepare, the court could easily pin a 5-10 year sentence on her. The biggest issue for the court is the recidivism. The court feels as though it does defendants a favor every time they let them off without prison time. Violating the law again in the same exact way means that efforts to curb the behavior have failed and now, the effort must be to remove the dangerous person from a place where they can harm others.
The defense
You will go to prison on a DUI manslaughter charge regardless of whether or not you have a prior DUI. DUI with serious bodily injury may come with serious DUI probation, a hefty fine, and a demand to make civil restitution to the injured party, but prison time is rare for a first offense.
In a case like this, the defendant has exhausted the benefit of the doubt. An attorney has to provide the court with some hope that the defendant’s situation is treatable. However, that’s an uphill battle. The most likely scenario is that the defendant faces at least three years in state prison.
Talk to an Orlando DUI Attorney Today
FL DUI Group represents the interests of Orlando residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment and we can begin preparing your defense immediately.
