On behalf of The Law Office of Gustavo E. Frances, P.A.
Often, people do not set out to break drunk driving laws. People go out expecting to have fun, have a few drinks too many and think they are alright to drive home. They make a mistake with life changing consequences. Sometimes, people are caught driving erratically by police and are arrested for driving under the influence. Other times, people cause accidents prior to being arrested with DUI.
In a recent Broward county case, a 29-year-old man was driving his Lexus near the intersection of Northwest 42nd Avenue and West Sample Road near Coconut Creek when he allegedly hit a motorcyclist. The 43-year-old motorcyclist was serious injured in the accident and later died at a nearby hospital. According to police, the 29-year-old was driving drunk at the time of the accident.
The man was charged with several felonies including DUI second offense, DUI manslaughter, DUI with property damage and violation of right of way while turning left. These charges could carry significant penalties for the man including large fines, loss of drivers’ license and significant prison time. While criminal proceedings are pending, the man has been released from jail on $150,000 bond and has been allowed to go to Ohio for medical treatments.
Since the penalties for DUI are so severe — especially when another person has been hurt by the accused — defendants, like this man, need to mount an aggressive criminal defense. There may be several defense options available to help the defendant mitigate the charges. For example, in DUI cases, police must prove that the person was driving while their blood alcohol content was above the legal limit and by challenging the police’s evidence, people may be able to reduce charges.
Sun Sentinel, “Coconut Creek man charged in DUI crash that kills motorcyclist,” Linda Trischitta, March 4, 2013