dui manslaughter

November 1, 2020

Consequences of Florida DUI With Kids in the Car

By The Law Offices of Richard Ansara, P.A.

Recently, a Florida woman was arrested for DUI manslaughter and child neglect after she allegedly crashed her SUV with four children and another adult in the car. One child, her 3-year-old daughter, died.

Although this is a profound loss this mother will grieve the rest of her life, the law does not allow for this alone to be “punishment enough.” Per F.S. 316.193, DUI manslaughter is a second-degree felony charge that carries a maximum prison sentence of 15 years.

Most DUI arrests, even those that involve crashes, do not involve deaths. However, courts in Florida take very seriously DUI cases involving minor passengers under 18, even if no one was hurt. Continue reading

August 6, 2017

South Florida DUI Manslaughter Trial Ends in Plea Deal for 9 Years

By The Law Offices of Richard Ansara, P.A.

A South Florida man has been sentenced to nine years in prison on DUI manslaughter charges after accepting a plea deal to avoid harsher prison time after a fatal crash that claimed the life of an 85-year-old dentist.

The Palm Beach Post reports defendant will have to serve at least six years in prison following his release from prison. The last-minute deal halted the impending trial, which could have resulted in defendant receiving up to 15 years in prison, per F.S. 316.193. DUI manslaughter in Florida carries a minimum mandatory penalty of four years in prison, with a maximum of 15 years. This maximum penalty could be increased if the individual also flees or tries to flee the scene. In that case, it’s considered a first-degree felony, carrying a maximum 30 years behind bars.

Having an experienced defense lawyer can help increase your odds of a favorable outcome – or at least minimize the chances of spending more than a decade behind bars. Continue reading

July 26, 2017

Acquitted of DUI Manslaughter, Boca Raton Man Still Faces 30 Years for Hit-and-Run in Fatal Crash

By The Law Offices of Richard Ansara, P.A.

A Boca Raton man was recently acquitted of a DUI manslaughter charge, though he is still facing up to 30 years in prison after jurors determined he fled the scene of that fatal crash. Initially, it was defendant’s girlfriend – not him – who was facing charges in connection for the death. However, police combed through hundreds of emails between the couple afterward, ascertaining that he had in fact been the one driving.

This question of disputed fact involved compelling arguments made by both sides, according to The Sun Sentinel, and reveals why having a good defense lawyer at the outset is a smart move. Those emails were likely this defendant’s undoing – but they also helped clear the name of his now-ex girlfriend, who was initially charged. Understand that any communications about an alleged crime – whether via email, text, voicemail or social media – can and probably will be used against you in a court of law. It’s generally wise never to communicate anything you would not wish to be read aloud in a deposition. Your defense lawyer can counsel you on how to limit these communications and protect your chances at trial. Continue reading

October 1, 2016

Florida DUI Manslaughter Bond Revoked for Facebook “Like”

By The Law Offices of Richard Ansara, P.A.

An interesting legal debate has cropped up in Palm Beach County over a Facebook “like.”

CBS 12 reports the defendant, Paul Maida, who has been linked to a deadly DUI accident in Boca Raton, has had his bond revoked for “liking” a post on his ex-girlfriend’s Facebook page. The judge had ordered him not to have “contact” with his ex-girlfriend.

That woman is reportedly a key witness in the state’s case against Maida, who is accused of striking a 66-year-old bicyclist in April 2014 on Yamato Road. Maida is accused of fleeing the scene, which carries it’s own penalty in fatal crashes of a minimum mandatory 4 years in prison if convicted. Investigators say Maida eventually drove back to the scene of the crash, but only after switching seats with his girlfriend, who was reportedly not impaired. Continue reading

June 29, 2016

Florida DUI Arrest 17 Years After Man Fled Before Sentencing

By The Law Offices of Richard Ansara, P.A.

Had Robert Cesaire served his prison time per the terms of his plea bargain, he would have been released seven years ago. He’d pleaded guilty in Broward Circuit Court to DUI manslaughter in exchange for a 10-year sentence of a possible 17 years, after which time he was to be deported to Haiti.

But authorities say he fled to Haiti just days before his sentencing in 1999. That was 17 years ago. Now, authorities say he’s been arrested at the Miami International Airport earlier this month. Officials could not say where he was flying from at the time he was arrested, but he is now being held at the Broward Main Jail without bond.

Prosecutors say now that he is in custody, a new sentencing hearing date will be set, at which time they will request the maximum 17-year penalty, given the fact that he fled. Continue reading