July 10, 2010

Bushnell DUI Manslaughter Lawyer :: Sumter County, Florida DUI Manslaughter Charged in Motorcycle Accident

An awful Sumter County truck/motorcycle accident from this past March involving two trucks and two motorcycles, resulting in four deaths, has led to a man being charged with four counts of DUI Manslaughter, four counts of Vehicular Homicide and one count of Driving While License Suspended and/or Revoked.

According to news reports, the accident occurred on a Saturday night, as the accused attempted to pass a 2003 Dodge Truck in his 1991 GMC Truck by using the oncoming lane on CR 476. Unfortunately, the pass was unsuccessful and resulted in the 1991 GMC Truck hitting two motorcycles head on.

The Sumter County DUI Manslaughter Attorney assigned to this case will have his work cut out for him or her. Most notably, there are a myriad of different ways the prosecution can go on this case based on the facts. It will be interesting to see how the depositions of the witnesses in the 2003 Dodge Truck turn out. In all Felony prosecutions in the State of Florida, the Defense and the State are entitled to depose certain types of listed witnesses prior to trial. It has been reported that one of the motorcyclist who lost their life that evening was actually ejected directly into the windshield of the Dodge truck.

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April 28, 2009

Ocala, Florida DUI Manslaughter Attorney News Update: Marion County, FL Jockey charged with DUI Manslaughter

According to the Ocala Star-Banner, Ocala resident Angel L. Monserrate-Jacobs turned himself into the Marion County Jail this week on an open warrent associated with a December 6, 2008 traffic crash that left a teenager dead and put Monserrate-Jacobs in a neck brace.

The Ocala newspaper reports that the former jockey allegedly failed to properly navigate a turn and his passenger was ejected from his SUV. Within an hour of the accident, his passenger was pronounced dead. The defendant’s blood was tested at the time of the accident and allegedly produced a .178 sample, more than twice the legal limit of .080.

DUI Manslaughter is a second degree felony provided no accompanying factors, like failure to render aide become a part of the state’s investigation/ allegation. Unlike simple misdemeanor DUI, in Florida, a charge of DUI Manslaughter will produce a minimum mandatory prison sentence of several years in state prison.

Usually, DUI Manslaughter and DUI Serious Bodily Injury cases spend substantial time litigating several issues: 1) Can the State of Florida prove beyond and to the exclusion of reasonable doubt that the defendant was driving the alleged vehicle; 2) that the blood used to prove the defendant’s intoxication was tested, processed and stored according to Florida law to guarantee a reliable result; and 3) whether or not the death that resulted from the crash was as a result of the defendant’s impairment or was this accident unavoidable/ not directly related to the defendant’s drinking or drug use.

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March 10, 2009

Tampa DUI Lawyer News Update: Florida DHSMV Fouls up DUI Suspension on Tampa DUI Manslaughter

In 1998, William Ham was charged with a Hillsborough County DUI Manslaughter after he rear-ended 36-year-old Sandra Louise Allen's car, and killed her. According to the St. Pete Times, after pleading guilty to the Tampa DUI Manslaughter back in 1998– and serving ten years Florida Prison – Mr. Ham walked into a DHSMV office and requested a new driver’s license. Shockingly, his is request was granted.

Despite the Court ordering that Mr. Ham receive a permanent Drivers License revocation as part of his DUI manslaughter sentence, the DHSMV mistakenly only placed a three-year revocation on his record--something more consistent with a DUI Serious Bodily Injury conviction. Mr. Ham’s stroke of luck was made public when he was recently arrested for a new Tampa DUI, but to the shock of those involved in his 1998 case, there was no charge of Driving on a Suspended or Revoked License.

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