In many cases, people who drive recklessly due to intoxication and ultimately cause another person’s death will be charged with DUI manslaughter. In some instances, though, people may be charged with DUI manslaughter, even if it is not immediately clear that impaired driving caused the accident and subsequent loss of life. In such instances, a DUI defendant may be able to argue that the prosecution cannot establish that there is sufficient evidence to establish guilt. In a recent Florida opinion, a court discussed what evidence the State must produce to establish a driver operated a vehicle while intoxicated, and in doing so, caused a fatal accident. If you are charged with DUI manslaughter, it is prudent to meet with a trusted Florida DUI defense lawyer to evaluate your rights.
The Fatal Accident
It is reported that the defendant was operating his ATV with his son riding on the back. They were on a rural road that had decreased visibility and no shoulder. At approximately 9:00 pm, the ATV tipped into a ditch. The defendant was able to get the ATV back onto the road, and he and his son got onto the vehicle and attempted to start it. A truck began approaching the ATV, and witnesses nearby tried to alert the truck to slow down and advise the defendant and his son to get out of the road.
Allegedly, the truck hit the ATV, killing the defendant’s son and injuring the defendant, who was airlifted to a hospital. The defendant admitted that he consumed alcohol, and a blood test revealed his BAC to be .16. He was charged with DUI manslaughter, and following a trial, was convicted. He appealed, arguing that the State failed to produce sufficient evidence to establish his guilt. Continue reading ›