Orange County, Florida Man Accused of DUI Manslaughter

A Saint Cloud man has been arrested on charges of DUI manslaughter after he struck and killed a 24-year-old woman, according to Florida Highway Patrol. The crash occurred around 4:08 a.m. on Forest City Road at Lake Weston Drive. According to the Florida Highway Patrol crash report, the victim was traveling north on Forest City Road when a pickup truck headed westbound on Lake Weston Drive failed to stop at a stop sign. The two vehicles collided at great speed and the pickup truck turned over, flipping into the median. The other vehicle driven by the victim was run off the road. The Orlando woman was pronounced dead at the scene while the allegedly drunk driver sustained only minor injuries. He was arrested and now faces one charge of DUI manslaughter, according to Florida Highway Patrol. Police established a roadblock in both directions of Forest City Road.

DUI manslaughter charges in Florida 

DUI manslaughter is a very serious crime that is prosecuted aggressively by Florida authorities. A defendant facing a charge of DUI manslaughter would face a minimum sentence of 4 years, a recommended sentence of just under 10 years, and a maximum sentence of 15 years. In cases where the defendant left the scene of the crime, they could face a sentence of 30 years on the charge of DUI manslaughter.

The four-year statutory minimum is a downward departure sentence. The recommended sentence is 10 years. In order to qualify for the downward departure sentence, an Orlando DUI attorney must advocate that the court waive the recommended sentence and impose the statutory minimum. In order to accomplish this, the attorney must be able to convince the court that certain mitigating factors are present to justify the downward departure sentence. In other words, the court won’t automatically grant a defendant a 4-year sentence. The defendant must plead with the court to qualify for that sentence.

Several factors can influence the sentencing of a DUI manslaughter charge in Florida. These include:

• The severity of the offense – One factor that could significantly increase a driver’s sentence is the severity of the offense. If the driver’s BAC was significantly higher than the legal limit or they were driving with a reckless disregard for public safety, the court is likely to impose a longer sentence. The court may impose a less severe sentence if their BAC was only slightly over the legal limit.

• Criminal history – Another factor that can drive up the length of the sentence is the number of previous DUIs the defendant has when they caused a fatal accident. A driver with even one prior DUI will likely not qualify for the statutory minimum of 4 years behind bars. On the other hand, a driver with no prior DUI convictions is much more likely to qualify for a downward departure sentence.

• Mitigating circumstances – The court can take into account numerous factors such as whether or not the driver cooperated with police, rendered aid at the scene, or appeared genuinely remorseful for their actions. If so, the driver may receive a shorter sentence.

Talk to an Orlando DUI Attorney Today 

Charged with DUI? Call the Florida DUI defense lawyers at the FL DUI Group today and allow us to begin preparing your defense immediately.

Source:

clickorlando.com/traffic/2023/12/31/crash-in-orange-county-kills-orlando-woman-shuts-down-forest-city-road-fhp-says/