Orlando Woman Possibly Facing DUI Manslaughter Charge After Pedestrian Death
A 26-year-old Orlando woman was arrested recently on DUI charges in connection with a fatal Orange County crash. The deadly accident occurred around 4 a.m. on South Orange Blossom Trail at Skyview Bridge. According to the Florida Highway Patrol, the driver was driving a 2016 Lexus IS south on Orange Blossom Trail when a woman was crossing the street. The woman was apparently not in the marked crosswalk. The driver’s Lexus struck the woman, who was later taken to Orlando Regional Medical Center, where she was pronounced dead, the FHP said. The driver was not injured and stayed at the scene. She was arrested on a charge of driving under the influence.
According to the arrest affidavit, the driver had watery eyes and “seemed to be confused with the events of the crash.” Alcohol bottles were spotted near her vehicle. Troopers said that when the driver was asked to provide a recorded statement, she declined. She also declined to provide a blood sample multiple times at the scene because she was “scared of needles.” Troopers said the woman was combative and did not want to be put in the back of a patrol vehicle. After being taken into custody, the driver requested an ambulance for back pain. While at the hospital, she again declined to allow her blood to be drawn. FHP says the case is under investigation. Further charges could be filed against the driver.
Will she be charged with DUI manslaughter?
The police have yet to charge the woman with the death of the pedestrian, but that doesn’t mean she won’t face charges for DUI manslaughter. In order to prove DUI manslaughter, the prosecutors would need to show that she was responsible for the accident that caused the pedestrian’s death. At this point, it’s unclear if the pedestrian contributed to the accident by jaywalking or whether or not the accident was preventable with better reaction time.
In other words, just because someone dies in an accident with a driver who is under the influence of alcohol, it doesn’t mean that the driver necessarily committed DUI manslaughter. Prosecutors need to establish culpable negligence on the part of the driver. That means showing that the driver did something wrong to cause the death of the woman. At this point, the driver is only facing charges of DUI. But that could change. The police could add a charge of DUI manslaughter to the driver’s charges.
Talk to an Orlando DUI Attorney Today
Have you been charged with DUI or DUI-related offenses in the Orlando area? The Orlando DUI attorneys at FL DUI Group can help you fight the charges or negotiate a plea deal you can live with. Call our office today to schedule an appointment, and we can begin preparing your defense right away.
Source:
clickorlando.com/traffic/2024/12/16/orlando-woman-arrested-on-dui-charge-in-fatal-crash/
