It is recorded in the State of Florida that there are approximately 350 people that die each year due to drunk driving accidents. Alongside this, there are many alcohol-related fatal car crashes, which equal 29 percent of all traffic accidents across Florida.
Here at The Law Place, we understand the severity of this type of situation. If you are facing a driving under the influence charge in Port Charlotte, FL., then your future may be in jeopardy. These types of charges have the potential to affect all aspects of your life, including your job, your home, your driving license, and even more. A DUI manslaughter charge is complicated. So, it is vital you acquire the right legal advice and assistance to guide you through the legal process.
Our team here at The Law Place is here to help you and your loved ones in this frightening and stressful time. By working with us, we can work together to achieve the best possible outcome for you in this case. The Law Place has a very experienced and knowledgable team behind them, with over 75 years of combined experience. Our team will work to defend you in the Florida courts and will fight for your rights. After you call The Law Place, we will be able to schedule you a free consultation so we can begin your legal journey with us.
Our telephone lines are open 24 hours a day, seven days a week, awaiting your call. So, whether you are looking for general legal information or clear legal advice for your individual case, then we are here to answer any questions and queries you may have. Call The Law Place today at (941) 444-4444 to schedule your free consultation today.
What Is a Felony Defined As?
Here in Florida, there are different types of criminal defenses, and these fall into two categories, known as misdemeanors and felonies. If you are found to be convicted of a felony, then this will come with more serious consequences compared to a misdemeanor. If you do find yourself in this situation, then it is very important that you acquire the help of a criminal defense attorney. When looking for the right one, you need to make sure they are well-equipped with the knowledge of the laws here in Florida surrounding drunk driving, the death of another in relation to DUI, and even more.
In most DUI manslaughter charges, they will be classed as a second-degree felony. However, this can easily be upgraded to a first-degree felony if it is found that the defendant is not cooperative in offering any important information surrounding the case. If you are facing a felony due to a DUI manslaughter charge, you could potentially face 15 years or more in prison. This is no position anyone would like to be in.
This is why you need to contact The Law Place today so one of our very experienced lawyers can fight your corner to try and reduce the type of punishment you face. Our lawyers will do their utmost to ensure you get the minimum consequences possible.
What Are the Different Types of Manslaughter?
In Florida, including Port Charlotte, manslaughter is classified into two sub-categories. These are voluntary and involuntary. These two types do differ. However, both are similar because they result in devastating consequences and involve the loss of another human being. This is something you do not want to be associated with. Here are the two definitions of what manslaughter is.
- Voluntary manslaughter – This is known as a homicide. This is when a person has intentionally committed murder when they have been provoked.
- Involuntary manslaughter – This is when a person has committed a homicide, but it is by accident.
If you have committed a DUI manslaughter charge, then this will count as an involuntary homicide. This is because the person in question who was operating the auto vehicle was either under the influence of alcohol, drugs, or both. Due to this, they were likely not able to control the vehicle properly.
If you have been charged with a DUI manslaughter charge in Port Charlotte, then it is vital you seek legal advice and assistance as soon as possible. Our team of criminal defense attorneys is here to help you in any way they can. Whether it’s getting a prison sentence thrown out or limiting the overall penalties you may be facing, we are here to help either way. You should not hesitate to contact The Law Place today.
What Does Florida Law Say About a Driving Under the Influence Charge?
Across the United States – including Florida – there is a set legal limit for the blood alcohol content (BAC) of drivers. This is set to 0.08 percent. If you are in a situation where you are pulled over by law enforcement, they may ask you to take a breathalyzer test. If your blood alcohol level is higher than 0.08 percent, then you will be charged with driving under the influence. Here in Port Charlotte, you will be facing DUI charges even if you have not caused any damage to the vehicle involved or caused any injuries to anyone involved in the car accident.
You could face a charge for DUI even if you weren’t drunk if you were under the influence of prescription drugs or other illegal substances. In these types of cases, it can be more complex and difficult for a law enforcement officer to determine if you were under the influence. However, if they do suspect that you are under the influence, then they will arrest you, and an investigation will take place.
So, if you find yourself in this type of situation in Port Charlotte or anywhere else in Florida and a police officer believes you are under the influence whilst driving, then the consequences could be severe. This is why you need to contact The Law Place today.
What Does the Florida Law Say About DUI Manslaughter?
In a DUI manslaughter case, there are many different factors that the prosecution will need to prove. These may include:
- The defendant facing the charge was found to be in control of the vehicle.
- The defendant facing the charge was under the influence of drugs, alcohol, or another substance that affected their driving of the vehicle.
- The defendant facing the charge had a blood alcohol level that met or passed the legal limit whilst undergoing a field sobriety test or breathalyzer test.
- The defendant facing the charge directly or indirectly caused the death of another person whilst meeting the above-listed components.
The defendant up for the DUI charge must also be deemed ‘in control of the vehicle in question’ or in the position to operate the vehicle properly. This can apply even if they were not actually driving. So, this means if you are sat in the driving seat whilst the vehicle is running but not moving at the time of your arrest, this would qualify as being in control of/ operating the vehicle in question.
What Is the Average Sentence for a DUI Manslaughter in Port Charlotte?
Any DUI manslaughter case will be treated with great severity. Therefore, if you are facing a DUI charge, you must be prepared for the charges and penalties to be high. If you are facing a DUI manslaughter charge in Port Charlotte, then legally, the judge is required to give you a compulsory sentence of up to four years. In most criminal cases, the sentence you may face is dependant on the circumstances that surround your case during the time of your arrest. For example:
- Ordinary negligence – In this type of case, the defendant will have likely violated a basic traffic law. This could include being on a cell phone device whilst they were driving, and this resulted in a death. This is known as ‘ordinary’ because the traffic laws haven’t been violated to a significant degree.
- Gross negligence – In this type of case, the defendant acted with no regard for traffic laws or the people around them on the roads. This is violating traffic laws to a high degree.
In any DUI manslaughter charge, the defendant is likely to face harsh penalties. As mentioned above, a DUI manslaughter charge is classified as a second-degree felony. The penalties for this include:
- A minimum of a 4-year prison sentence, but it could increase to up to 15 years.
- $10,000 of fines.
- Permanent driving license removal.
- Impoundment of your vehicle.
- Community service.
- The completion of a DUI substance abuse course.
If you are facing a DUI manslaughter charge, the penalties are not limited to those mentioned above. If you want to avoid the possible severity of this type of charge, then you need to contact The Law Place today. After you contact us, one of our experienced criminal defense lawyers can help fight your corner today.
How Can a Criminal Defense Lawyer Help Me in a Manslaughter Charge in Port Charlotte?
When you are facing a DUI manslaughter charge in the Florida courts, the prosecutors involved in your case are likely to be very harsh. If you are wrongfully accused of a DUI charge, then you do not deserve to be charged under the same category as an individual who committed a more serious crime.
The prosecution in a DUI manslaughter charge must prove the defendant is guilty beyond all reasonable doubt. Whoever you hire as your criminal defense lawyer, they must make sure they have a strong defense to argue your case in court. This will include general information, factual information/ evidence, and whether or not you were under the influence during the time of the accident in Port Charlotte.
Here are some of the defenses your criminal defense attorney might argue in your case. These may include:
- Your breathalyzer test results were not permissible – The equipment used to determine an individual’s breath alcohol level can sometimes be inaccurate. If the law enforcement officer authorizing the test failed to meet the legal requirements, this could be disputed in court by your lawyer.
- No probable cause – The law enforcement officer should have probable cause for your arrest and must conduct a field sobriety test. If this can be disputed in court, it can be argued that your arrest was illegal.
If you have not yet hired a skilled criminal defense attorney in Port Charlotte, then The Law Place is here to help. Our team of experienced lawyers is well-versed in DUI manslaughter charges. So, it is very important you ring us today to schedule your free consultation.
What Can a Port Charlotte Criminal Defense Lawyer Do for Me?
If you hire the right criminal defense lawyer for you, they will work their hardest to achieve the best possible outcome for you in your DUI manslaughter case.
This is where The Law Place can help. Your attorney will thoroughly investigate your case. This is because it will be vital they find any support for your side of the argument to try and minimize the charges you may be facing. In cases that involve a car accident, the vital evidence will be from the scene of the incident, and this will not be there for very long. The sooner you contact us, then the sooner we can get on with your case and get the evidence we need to support you.
Our team here at The Law Place promise to:
- Go with you to all police interrogations. We advise you to never attend an interrogation without a legal representative present.
- We will collect and analyze any medical records of the victim involved in the accident.
- We will arrange any kind of interviews with witnesses and ask them any questions that law enforcement may have missed.
- We will uncover any important surveillance footage that has not been seized by law enforcement, which may prove your innocence in your impending charge.
Contact The Law Place Today
Here at The Law Place, our main goal is to defend your Constitutional rights. You are innocent until proven guilty, so do not hesitate to contact us today and get yourself experienced legal representation.
Schedule a free consultation with us today to begin your legal journey. Let us fight to minimize the charges you may be facing.
Call us today at (941) 444-4444, where our lines are open 24 hours a day, seven days a week.