Tampa DUI Lawyer Blog

A 43-year-old elementary school teacher was arrested last month and charged with DUI manslaughter in connection with a fatal January crash that killed a 75-year-old man and injured his 76-year-old wife.

Police believe the man had oxycodone in his system when his 1992 Cadillac allegedly ran a red light and smashed into a Spring Hill, Florida couple’s Toyota on Jan 3.

The female passenger in the Toyota suffered fractures of her left arm, sternum, hip and pelvis. The male passenger was killed.

The driver of the Cadillac was not seriously injured.

The man has no previous criminal record and joined the Hernando school district as an exceptional teacher in 1997. He has been on leave from his position with the school since February.

At a hearing Thursday morning, the man’s bail was reduced from $61,000 to $30,500. As of Thursday afternoon, he remained in the Hernando County Detention Center.

Any person that is suspected by law enforcement of driving under the influence of drugs, even if they have a valid prescription, can be charged with DUI. In the state of Florida, it is illegal to operate a vehicle if your normal faculties are impaired by alcohol, drugs or medications prescribed by a doctor. While a DUI charge is a serious offense carrying strict penalties, when an accident results in the death of another person, DUI manslaughter can be charged. DUI manslaughter is a second-degree felony punishable by up to 15 years in prison that also carries a minimum mandatory prison sentence if convicted.

In any DUI manslaughter case, there are serious questions that need to be answered immediately, including:

• Did the accused actually contribute to or cause the accident?

• Is it possible that a mechanical problem or other factor caused the accident?

• Was the accused impaired by alcohol, drugs or prescription medications at the time they were operating a vehicle?

• Was a breath or blood test lawfully obtained by law enforcement?

• How accurate are the results of any breath or blood test?

The Florida DUI Defense Attorneys at Whittel & Melton can gain the answers to these initial questions by thoroughly investigating your DUI charges. We utilize accident reconstructionists and expert toxicologists to gather critical data so that favorable evidence can be preserved to combat DUI allegations made by the State. We can sort through any issues unique to your DUI case and begin the communication process with the state and the victim’s family. It is extremely important to consult with an attorney as early in the process as possible to achieve the best possible resolution for your DUI manslaughter charges.

Continue reading "Spring Hill, FL DUI Manslaughter Defense Lawyers :: Hernando Co. Teacher Charged with DUI Manslaughter " »

A 19-year-old University of Miami student was charged with DUI Manslaughter Monday in Miami-Dade Circuit Court as a result of an Oct. 3 car crash that killed a 68-year-old mother of five and grandmother of seven.

According to Coral Gables police, the student allegedly had a blood alcohol level nearly triple the legal limit when she rammed her 2011 Audi Q5 into a Ford Focus shortly after 4:30 a.m. The driver of the Ford Focus was killed instantly.

The student was first charged with vehicular manslaughter, but prosecutors tacked on the DUI manslaughter charge as well as a third-degree felony count of possessing a false driver’s license. The student is accused of possessing several fake IDs.

The student’s toxicology report indicates that shortly after the crash her blood alcohol level was .231, according to the Sun-Sentinel.

The girl has allegedly pleaded not guilty and is awaiting trial under house arrest.

The victim’s family is supposedly suing the student and her father, the owner of the Audi, for negligence.

In accidents such as this one, it is important to note that police and Florida Highway Patrol reports are often drawn up quickly and biased against a driver that indicates impairment from either alcohol or drugs. It is crucial to contact an experienced Criminal-DUI Defense Lawyer after an alcohol-related wreck occurs so that the defense can begin a separate investigation while any evidence is still fresh. The sooner the defense can perform an independent toxicology analysis and accident reconstruction, the better.

When a driver causes an accident either by operating a vehicle negligently or by disobeying a traffic law, he or she may be charged with Vehicular Manslaughter. If police find that alcohol was involved, then prosecutors often charge the person that consumed alcohol with Vehicular Manslaughter even if the accident was unavoidable and quite possibly not his or her fault. A DUI Manslaughter conviction can carry up to 15 years in prison with a minimum mandatory sentence of four years. There is a mandatory lifetime driver’s license revocation in addition to prison time if convicted.

In allegations of DUI Manslaughter, there are two main factors a criminal defense attorney explores – the intoxication level and the cause of the accident. There are several standard ways of fighting a DUI in regards to intoxication level, including the accuracy of BAC testing devices, assumption of the BAC at the time of the accident, the possibility the driver did not consume enough alcohol to be considered under the influence and poor police DUI investigation tactics. It is critical for a Florida Criminal-DUI Defense Attorney to conduct an independent accident reconstruction with the help of private experts to determine the exact cause of the accident. DUI Manslaughter charges arise from speculations that the defendant’s impaired driving caused the death of the victim. The victim of a DUI Manslaughter case could be a passenger as well as a passenger in another car or even a innocent bystander.

The Florida Criminal-DUI Defense Lawyers at Whittel & Melton can vigorously challenge the prosecution’s case. We understand that these are extremely emotional cases and the family of the victim will be pushing the State for maximum penalties. Our staff and attorneys have the training and experience needed to properly evaluate the facts of your case and successfully defend your DUI manslaughter charges.

Continue reading "FL DUI Manslaughter Defense Lawyers Whittel & Melton :: Student Charged in Crash That Killed Grandmother" »

A 37-year-old man plead guilty to one count of DUI manslaughter Aug. 16, a week before he was set to go on trial to face eight criminal charges, including three counts of DUI manslaughter.

The man allegedly had drugs and alcohol in his system when he rear ended a Chevy SUV at 70 miles per hour on Christmas Day 2007, which took the lives of three people.

If convicted, the man could have faced life in prison. Instead, he decided to plead guilty to one count of DUI manslaughter in exchange for 12 years in prison.

Reports suggested he had a history of driving and drug offenses.

Unlike other crimes in Florida, DUI Manslaughter or even DUI with Serious Bodily Injury are immediately serious, no matter who the accused is. The dirty little secret about these charges is the injury points associated with these charges, when following the Florida Sentencing Score Sheet, will put a defendant (no matter how few priors) in a position to accept prison time or go to trial. It is this singular fact, above all others, that anyone charged with either DUI Manslaughter or DUI Serious Bodily Injury must hire an experienced DUI law firm IMMEDIATELY.

The Florida DUI Manslaughter Defense Lawyers at Whittel & Melton understand how upsetting it can be when you are involved in a fatal collision. Along with stress, you could be suffering from serious injuries of your own. We can guide you through the duration of your case to make sure that you are well-informed about what is happening during your proceedings and that you receive the greatest possible defense.

It is important to note that a DUI manslaughter charge is a very serious criminal charge that usually carries significant prison time upon conviction.

Continue reading "DUI Manslaughter Defense Lawyers Whittel & Melton Serving New Port Richey - Spring Hill :: Florida Man Sentenced to 12 Years for Triple DUI Manslaughter Charges" »

A 45-year-old Lithia, FL man was charged with DUI-manslaughter Tuesday night after the pickup truck he was driving allegedly collided with a Honda that burst into flames and killed the driver.

According to deputies, the man was driving a 2001 Ford F250 around 11 p.m. Tuesday night when he supposedly smashed into the back of the Honda causing it to ignite into flames and land in a roadside ditch.

The driver of the Honda was pronounced dead at the scene.

The man allegedly refused to submit to a blood-alcohol test. He remained in the Hillsborough County Jail this morning and no bail has been set.

In a traditional DUI case, a driver has the right to refuse a blood, breath or urine test. However, there are some instances when an officer can administer a blood-alcohol test without permission from the driver. In the state of Florida, a person accused of DUI-manslaughter is required by law to comply with a blood test and if refused, officers have the right to forcibly withdraw blood. They are also granted permission to withdraw blood from someone who is unconscious. By its very definition breath and blood tests are inaccurate and do not accurately represent the driver’s true blood alcohol content at the time of an accident or while a defendant is driving, as required by law.

A driver who is accused of driving drunk and causing a fatal car wreck will most likely face DUI manslaughter charges. DUI manslaughter is considered a second-degree felony under Florida law and is punishable by a maximum of 15 years in state prison. In a DUI manslaughter case, the State must prove that the defendant’s impairment had a connection or nexus to the fatal accident. Florida law enforcement officers will immediately conduct their own investigation of the crash; this is usually done by a Traffic Homicide Investigator who takes measurements of the accident scene to determine its cause.

It is important for you to contact the skilled Florida DUI Manslaughter Defense Attorneys at Whittel & Melton immediately following your arrest for DUI-manslaughter so that we can retain our own expert to reconstruct the scene of the alleged crime to potentially show possible defenses that exist for your specific case. The outcome of your case depends on early action by your criminal defense attorney so that any evidence that can protect your freedom is preserved.

Continue reading "Tampa, FL Criminal-DUI Defense Attorneys Whittel & Melton :: Hillsborough Co. Man Charged with DUI-manslaughter" »

A Plant City, Florida man was arrested Thursday night on charges of DUI manslaughter, which the Florida Highway Patrol says is in connection with a fatal March 6 crash.

Troopers stated that the man was driving a 1999 Ford Escort, heading east, when he crashed into a 2005 Toyota Corolla almost head on.

According to the report, the passenger of the Toyota Corolla was killed and the driver was injured. Also killed, was the passenger in the Plant City man’s Ford Escort. The man driving was injured as well.

During the investigation, the Plant City man’s BAC was allegedly twice the legal limit in Florida at 0.216.

The man faces the manslaughter charge, one count of DUI involving serious bodily injury, one count of DUI property damage, and a traffic citation for driving on the wrong side of the roadway.

He is awaiting his first appearance on Friday at the Hillsborough County jail.

DUI manslaughter is considered a Second Degree Felony in the state of Florida. This offense is punishable through heavy fines, restitution, and a maximum of 15 years imprisonment. For the charge of DUI involving serious bodily injury, the man could be found guilty of a Third Degree Felony punishable by $5,000 in fines and up to five years behind bars. This man could be facing a permanent license revocation as well.

Continue reading "Tampa, Florida DUI Lawyer :: Central Florida Man Charged with DUI Manslaughter" »

News reports are indicating that a local dentist, while driving over the Harbour Island Bridge around 2 a.m. this morning, lost control of his Cadillac SUV and killed two pedestrians while injuring another. Currently we know the driver is charged with two counts of Vehicular Homicide, two counts of DUI Manslaughter, DUI with personal injury and/or property damage and Battery on a Law Enforcement Official.

The defendant has currently been issued a $19,000 bond on all charges except for the two DUI Manslaughter counts, where he remains in custody in Hillsborough County Jail with no bond. We would expect the defendant’s bond status to be quickly addressed by the attorney who is assigned to this case.

Due to the likelihood of long, drawn-out litigation, it is important to get a resolution to the defendant’s custody status immediately. Specifically, the dentist's attorney will need to motion the court for a determination of a bond amount in the two DUI Manslaughter counts in order to achieve pre-trial release.

It is all but a certainty that this case will quickly turn on three major factors. First, Florida prosecutors are going to work around the clock to obtain the results of any breath or blood results in this case. It is undetermined at this time which type of test was relied on in making a charging decision this matter. Further, and probably more importantly, the court will be interested in whether the results obtained, if any, were obtained through reliable procedures and taken with properly maintained instruments, such as a Intoxilyzer. The third major issue, will be determining whether there is a nexus between the actual death of the victims and the defendant's alleged impairment. It is important to note that if the prosecutors are unable to show that the DUI was the actual cause of the fatality then a DUI Manslaughter charge would be inappropriate. The dentist may still have a misdemeanor DUI to defend, but the lack of connection to the cause of the deaths would be the hole in the prosecution's case.

Continue reading "Tampa, Florida DUI Manslaughter Defense Lawyer Jason Melton Discusses Dentist Charged in Vehicular Homicide" »

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.

Continue reading "Bushnell DUI Manslaughter Lawyer :: Sumter County, Florida DUI Manslaughter Charged in Motorcycle Accident" »

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.

Continue reading "Ocala, Florida DUI Manslaughter Attorney News Update: Marion County, FL Jockey charged with 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.

Continue reading "Tampa DUI Lawyer News Update: Florida DHSMV Fouls up DUI Suspension on Tampa DUI Manslaughter" »