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DUI Manslaughter

Darren D. Shull, P.A. > DUI Manslaughter

“DUI Manslaughter = DUI + Traffic Infraction + Someone Dies as a Result”

Defenses to DUI Manslaughter

 

 

Much like a regular DUI where a traffic accident contributed to a death, defending a DUI manslaughter is complex as it is for the State to prove that the person who was DUI, contributed to the accident that resulted in the death of a person. There is scientific analysis of the blood, breath or urine samples, mathematical formulas to show how and when the vehicle(s) were traveling and when they impacted, circumstantial or direct evidence that shows how a person was in actual physical control; the state prosecutors and law enforcement must follow constitutional procedure in obtaining that evidence or it can be suppressed by the court. Also retrograde extrapolation which is the method used to determine the amount of alcohol in the blood at the time a person was stopped behind the wheel can be used to show that a person’s blood alcohol content may have been below the legal limit.

Litigating these defenses takes knowledge, skill & experience that attorney Darren Shull will use in your defense at our offices In Jupiter, Palm Beach Gardens, West Palm Beach, Florida & the Treasure Coast.

 

 

DUI Manslaughter is defined under Florida Statute 316.193(3) as the following:

(3) Any person:
(a) Who is in violation of subsection (1);
(b) Who operates a vehicle; and
(c) Who, by reason of such operation, causes or contributes to causing:
1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. The death of any human being or unborn quick child commits DUI manslaughter, and commits:

 

 

a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:
(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and
(II) The person failed to give information and render aid as required by s. 316.062.
For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of four years.

 

 

Note that (c) above states that to be charged with DUI manslaughter, the crucial element is that the driver by reason of such operation, causes or contributes to the death of an individual.

 

Note, even if another driver is partially at fault in a fatal accident and  if you are also partially at fault & impaired, you can be charged with DUI Manslaughter.

Call our Jupiter Office today (561) 972-6444