Posted On: February 16, 2009

Man Extradited and Charged for 2008 Pinellas County DUI Manslaughter

In July of 2008 a Largo, FL DUI motorcycle accident killed the motorcycle driver and caused the passenger to lose her leg. The man allegedly causing the accident was recently extradited from Illinois, according to the Tampa Tribune, and was charged with DUI-Manslaughter and DUI-Serious Bodily Injury under Florida statutes.

In criminal cases where multiple victims are alleged to have been injured, or as in this case killed, the State of Florida always has the option of charging multiple crimes. The law in Florida generally states that each crime must contain separate, specific allegations for the charges not to be duplicative. Here, although the bond in the matter was reported to $55,000, it could have potentially been higher as the prosecution could have also charged the defendant with misdemeanor DUI and misdemeanor DUI-property damage.

One of the essential elements to both the DUI-Manslaughter and the DUI-Serious Bodily Injury case is whether or not the State can show a nexus or connection between the impairment – in this case, the defendant’s BAC (Breath Alcohol Content) was reported .195, twice the legal limit-- and the death or injury. Simply put, in order to prove these charges, the State of Florida needs to show that somehow the defendant’s impairment lead to the crash.

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Posted On: February 10, 2009

TAMPA DUI LAWYER NEWS UPDATE: Tampa State Attorney’s Office Charges Tampa Newsman

The Tampa Tribune is reporting that Tampa Fox TV Morning Anchor Russell Rhodes has been charged with one count of Misdemeanor DUI and one count misdemeanor Resisting Without Violence for an incident outside of a Channelside garage.

Unlike other crimes, DUI in Florida is charged based on prior convictions. It is unknown if the charges in this case will be enhanced due to any prior convictions. Florida DUI law allows the State of Florida to charge an individual as a Felony DUI in the following circumstances:

3rd DUI within 10 years
4th or subsequent DUI
DUI with Serious Bodily Injury
DUI Manslaughter

Despite the injuries that were clearly evident in Rhodes’ mug shot, the Tampa Police Department also charged the morning anchor with Resisting Without Violence. This misdemeanor charge was based on his alleged running away from officers and refusing to turn the keys to his BMW over to authorities.

The Tampa DUI Prosecutors still have to prove this case in Hillsborough County Court, but unlike Joe Public, Rhodes’ DUI arrest be extensively covered throughout the Tampa Media. If his attorneys decide to take this case to trial, it will be interesting to see if they will ask the court to move his case out of Hillsborough County in order to get his constitutionally-mandated fair trial.

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