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.
If you have been charged with DUI Manslaughter or DUI Serious Bodily Injury and have questions about this post or your case, contact Florida DUI Manslaughter Lawyer Whittel & Melton, LLC at 866-608-5529 or online.