In Fort Myers, you are classed as driving under the influence if you are operating a motor vehicle with a blood alcohol content or breath alcohol content of 0.08%. Driving under the influence is dangerous as you are not focused, have slower reaction times, and are generally less conscious of your surroundings, all of which can make accidents a lot more likely to happen.
Because of the strong impact alcohol has on you and your driving, accidents are more likely to happen, and these accidents can lead to deaths. In fact, one of the most common types of manslaughter is DUI manslaughter.
Manslaughter often carries heavy punishments in the court of law. In any case of a homicide, the court will always push for the more severe charges. This is why it’s so important to have a capable and qualified Fort Myers DUI attorney who has experience in dealing with second-degree felonies, such as DUI manslaughter. If you have been charged with DUI manslaughter in Fort Myers, then you should contact us as soon as possible. The Law Place offers a free consultation with professional law attorneys who have real experience working with these types of cases. Our phone lines are always open, so call today at (941) 444-4444 for a free consultation.
What Is a Felony?
In Florida, criminal offenses are split into two categories – misdemeanors and felonies. Felonies are much more complicated and serious crimes, and so the government ensures that the most experienced and skilled prosecutors handle these cases. This is why it’s so crucial that you enlist the help of a Fort Myers attorney to challenge these prosecutors.
In most cases, DUI manslaughter is classified as a second-degree felony. This is upgraded to a first-degree felony if the offender does not offer aid.
Because of the gravity of second-degree felonies, it is important that you talk to a criminal defense attorney if you have been charged with DUI manslaughter in Fort Myers. Our Fort Myers criminal defense lawyers have the experience and knowledge that is required in challenging prosecutors, building a strong defense, and fight on your behalf.
What Are the Different Types of Manslaughter?
In the State of Florida, manslaughter cases are separated into two different categories, known as voluntary and involuntary. Although slightly different, both are treated with severity due to the gravity of the crime involved: killing another human.
- Voluntary manslaughter – This is defined as a homicide that is intentionally committed during the midst of provocation.
- Involuntary manslaughter – This is defined as the act of involuntarily committing a homicide.
DUI manslaughter is an involuntary homicide when operating a moving vehicle whilst under the influence of drugs or alcohol.
If you have been charged with DUI manslaughter in Fort Myers, then you should contact The Law Place. Our qualified defense attorneys will stop at nothing to get you the best possible result from your case, whether that be getting your case dismissed or reduced, winning your case, or limiting the overall penalties. Give us a call today to schedule a free consultation with a skilled lawyer.
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What Is the Average Sentence for DUI Manslaughter in Fort Myers, FL?
Due to the severity of the offense, you should expect charges and penalties to be high. There are multiple different charges for manslaughter itself, but for DUI manslaughter, the Judge is required to give a mandatory prison sentence of 4 years. However, as with all types of offenses, when it comes to DUI manslaughter cases, the sentence you receive is dependent on the circumstances surrounding your case.
DUI manslaughter cases are split into two categories that can impact the penalties you face:
- Ordinary negligence – In this case, the defendant has most likely violated a traffic law, for example, looking at his/her phone, which then caused a fatality. This is seen as ordinary negligence because they haven’t massively violated the traffic laws.
- Gross negligence – In this case, the defendant has acted with extreme recklessness, for example, driving up a sidewalk and killing a pedestrian. This means they have massively violated traffic laws and caused a fatality in the process.
For each case, the sentence can be different. However, most people charged with DUI manslaughter face harsh penalties, as it’s classed as a second-degree felony. The penalties are listed below:
- A minimum of a 4-year prison sentence, but this could range up to 15 years.
- Up to $10,000 of fines.
- Permanent driving license removal.
- Impoundment of your vehicle.
- Community service.
- Completion of a DUI substance abuse course.
The penalties aren’t limited to just the ones above, as there have been cases where people have gone to prison for up to 24 years due to their actions. This is why you must consult a criminal defense attorney in order to help with your case in court. So, call The Law Place today, and we will fight on your behalf to give you the best chance at the outcome you are hoping for.
We’re Florida’s top litigation team with over 75 years of combined experience
Defenses for DUI Manslaughter in Fort Myers, FL.
There are many options when it comes to helping a defendant with a second-degree felony like DUI manslaughter. Below are just some examples of defenses that the Fort Myers criminal defense attorneys at our law firm could use to help you.
Illegal Traffic Stop
In the state of Florida and most states across America, a police officer can only pull you over under certain circumstances. These circumstances are:
- The police officer must have a reasonable suspicion that the driver is committing a traffic violation or infraction.
- The police officer must believe that the driver has committed a crime – in this case, manslaughter.
If it is proven that the driver was stopped wrongly or unfairly, your case can be dismissed in the court of law. An example of this is if the police officer misread your registration tags as expired, the driver is pulled over and, following that, is arrested for a DUI. If you can prove that your registration tags weren’t expired, then you can get the DUI dismissed based on improper police work.
Insufficient Probable Cause
A police officer must have probable cause to pull someone over, especially if it’s for something like a DUI. If it can be proved that the police officer had insufficient evidence to pull over the driver, the DUI charge can be dismissed.
Inadmissible Breathalyzer Results
For you to be eligible for a DUI charge, the police officer that pulled you over must act in a very standardized manner. Not only this, but the breathalyzers are subject to very strict maintenance. If you can prove in court that either the police officer acted wrongly or the machine itself needed maintenance at the time, then the DUI can be dismissed. An example of this might be that the police officer didn’t follow you or watch your driving for at least 20 minutes before pulling you over.
From the initial call to updates on your case status, we are here to get you answers.
Contact The Law Place Today
At The Law Place in Florida, we believe in helping the people. Our lawyers go the extra mile to help anyone with their case no matter the situation. The Law Place has an impressive record of helping people get their cases dismissed and are second to none at providing a professional service. So, to give yourself the best chance at getting your case dismissed, charges reduced, or case won, call The Law Place at (941) 444-4444 and schedule your free consultation.
