Articles Posted in DUI

In the last handful of years, state lawmakers have handed down increasingly tougher laws pertaining to leaving the scene of a crash – particularly when it involves a fatal crash. Those efforts include a measure last year that increased the penalty for leaving the scene of a deadly crash to a minimum mandatory four years in prison, same as what a defendant would receive for DUI manslaughter.

However, a recent Florida Supreme Court decision slightly turns the tables back in favor of defendants. The case is Florida v. Dorsett, and what the court ruled is that prosecutors have to show defendant had “actual knowledge” of a crash in order to secure a conviction for hit-and-run.

This new hurdle to prosecution is based on the principle that a driver can’t intentionally leave the scene of a crash he doesn’t know has occurred.
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A defendant in a DUI manslaughter case was five months pregnant with her fourth child when she received a sentence of 15 years for killing a pregnant woman outside a hotel in Fort Lauderdale three years ago.

Family members of the decedent, who was seven months pregnant with a son at the time of her death, called defendant’s decision to get pregnant with the criminal trial pending an act of manipulation intended to curry favor with the judge.

If that was the intention, it doesn’t seem to have been effective. Prosecutors sought 20 years for the crash, in which both mother and unborn child were killed. The judge handed down a sentence of 15 years, followed by 15 years of probation plus a permanent loss of driver’s license.
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Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam.

The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as a pen, with their eyes as the officer slowly moves it horizontally in front of them. The suspect is asked to do so without moving his or her head.

What the officer watches for is an involuntary jerking of the eyes, which is referred to as a nystagmus.
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DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some drivers who insist they are an infringement on their liberties.

It was in this vein that a series of complied videos shot in recent Florida checkpoints went viral.

The clips show drivers approaching a DUI checkpoint. Each have a document placed in a clear, sealed bag outside that hangs outside their driver’s side window.

The document has the following text: “I remain silent. No searches. I want my lawyer.” The sign further instructs officers to place any citation under the windshield wiper. As the driver is neither required to sign a ticket or physically hand the officer his or her license, the note instructs officers the driver will not roll down the window. However, the paper does indicate, “I will comply with clearly-stated lawful orders.”
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A teen driver who confessed to police he had consumed marijuana just prior to a fatal crash that claimed the life of a 65-year-old motorcyclist two years ago will not go to jail, according to a new report by the Sun Sentinel.

This is an interesting case because F.S. 316.193 holds that a person convicted of DUI manslaughter, the charge the teen was facing, will serve a minimum mandatory sentence of at least four years in prison. That’s the minimum. As a second-degree felony, the law allows for up to 15 years of prison time on each count.

The caveat here is the teen won’t be convicted of DUI manslaughter. Instead, a plea deal struck in negotiations between his legal defense team and prosecutors involves reducing charges to reckless driving causing serious injury and a minor marijuana possession charge.
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Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants.

Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison, per F.S. 316.193. Depending on the circumstances, one could serve a maximum of 15 to 30 years on a single charge (the latter reserved for first-degree felony cases in which defendant caused the crash while drunk and then also fled the scene without rendering aid as required by law).

Prior to last year, some defendants may have had incentive to flee, as penalties for a fatal hit-and-run were far less than those for DUI manslaughter. If the person could hide from authorities long enough for their blood-alcohol content to diminish, they had a good chance at a reduced penalty. That’s no longer true, following the passage of the Aaron Cohen Life Protection Act, which increased the minimum mandatory penalties for fatal hit-and-run to align with those for DUI manslaughter.
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In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden.

The football player reportedly entered the oncoming lane. Both vehicles were totaled. While Florida law requires any driver involved in a crash to remain at the scene, the football player and his two friends allegedly fled on foot.

This was serious. First of all, DUI in and of itself is a considerable offense, punishable per F.S. 316.193 with up to six months in jail, a $1,000 fine and possible ignition interlock installation for a first-time conviction. Involvement in a wreck with property damage while drunk is a first-degree misdemeanor, punishable by up to one year in jail. Causing serious bodily injury in a DUI crash is a third-degree felony, punishable by up to five years in prison. Then there is the hit-and-run aspect, which per F.S. 316.027 carries a five-year prison term if the crash resulted in injury and a 30-year prison term if the crash resulted in death.
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A woman arrested for her fourth DUI while still on probation for the third had not committed an “isolated incident” warranting a downward departure on sentencing, Florida’s Fifth District Court of Appeal ruled recently.

It was the second time the case of Florida v. Henderson had been before the appellate court for sentencing issues.

The first time, the trial court sided with defense, ruling a downward departure sentence was warranted because of non-statutory mitigators. Appellate court disagreed and remanded. Then, trial court decided that because her fourth DUI was her first felony DUI, the incident was “isolated,” and therefore a downward departure sentence was allowed. The trial court imposed the original sentence. Appellate court again reversed, meaning defendant now faces up to five years in prison.
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Many people think of a DUI arrest as something of an inconvenience. They know they’ll likely lose their license for a time, incur hefty fines and court costs and will probably need to hire a lawyer if they hope to negotiate lighter penalties.

However, for those convicted of multiple DUIs or for involvement in crashes that result in serious injury or death, the outcome is often much more grim. These are felony cases requiring intervention from an experienced and dedicated legal advocate.

Depending on the circumstances, defendants could face between 5 to 30 years in prison. These charges are not a mere inconvenience – they are potentially life-altering.
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Florida and Ohio courts both recently were tasked with weighing the viability of breathalyzer results as key evidence in criminal cases alleging driving under the influence of alcohol. Both courts came up with different answers.

The news isn’t good for those arrested for DUI in Florida.

In Vuong et al. v. Florida Department of Law Enforcement, Florida’s Fourth District Court of Appeal was not swayed by the claims of 41 DUI defendants from Palm Beach County. They claimed the administrative code governing the state’s top law enforcement agency was too vague and failed to provide sufficient guidance for approval and use of the standard Intoxilyzer 8000 breath test instrument.
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