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DUI
DUI Manslaughter - Information or Aid Not Rendered 316.193 (3)
If you have been arrested or charged in Polk or Hardee County, including any part of Winter Haven, Lakeland, Bartow, Auburndale, Haines City, Wauchula, or Bowling Green, contact Criminal Defense Lawyer Tonmiel Rodriguez today for a free consultation.
Definition of "Driving Under the Influence" (DUI) - with death and failed to provide information or render aid
The offense of Driving Under the Influence with death occurs when:
The person is driving or in actual physical control of a vehicle and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.reath-alcohol level
and
(d) As a result of operating the vehicle, the person caused or contributed to the death of another, or an unborn child.
and
(e) knew or should have known that the crash occurred and (1) failed to give information as required by law and (2) failed to render aid as required by law.
Florida law requires that the driver of any vehicle involved in a crash resulting in injury to or death of any person, or damage to any vehicle or other property which is driven or attended by any person, must supply [his] [her] name, address, and the registration number of the vehicle [he] [she] is driving to any person injured in the crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash. Upon request and if available, the driver shall also exhibit [his] [her] license or permit to drive.
The driver shall give the same information and, upon request, exhibit his or her license or permit, to any police officer who is at the scene of the crash or who is investigating the crash.
The driver shall also render reasonable assistance to any person injured in the crash, including carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
In the event none of the persons specified above are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of a vehicle involved in the crash, after trying to fulfill the requirements listed above as much as possible, shall immediately report the crash to the nearest office of a duly authorized police authority and supply the information specified above.
Possible penalties for Driving Under the Influence (DUI) - with Death and Failure to Provide Information or Render Aid
Driving under the Influence and Causing or Contributing to death is a first degree felony. The potential penalties include from a minimum mandatory sentence of 4 years in prison up to 30 years, 1-30 years of probation, and a $10,000 fine. Also, there is a permanent driver's license revocation associated with DUI Manslaughter; the person may be eligilble for a hardship license after 5 years if there are no DUI related prior convictions.
Possible Defenses to DUI type Charges
As with any crime, a defense to DUI, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of DUI:
Not person driving or in actual physical control of the vehicle.
Field Sobriety Excercises (FSEs) were not scientifically grounded, or not administered correctly; therefore, the officer's evaluation is unreliable.
Breathalizer results were inaccurate or unreliable due to the way breathalizer machine was operated (failure to follow protocol), or failure to give required maintenance and calibration to the breathalizer machine.
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If you or a loved one is facing criminal charges, it's crucial to have an experienced attorney on your side. I will provide the guidance and legal representation you need to protect your rights and build the strongest defense possible.
