CAPE CORAL, FL - According to an online news report on Fox4now.com, Cape Coral Police arrested a man who allegedly caused a fatal DUI accident in Cape Coral, Florida. The suspect is facing numerous criminal charges and may face additional charges. The suspect was also charged with DUI Manslaughter. According to the news report, the suspect and his passenger were heading north on Sanbara Blvd N, and the suspect was operating the car at a very "high rate of speed."
The news report states that law enforcement alleges that the suspect continued to drive the car past a dead-end on the Wilmington Parkway. The car then entered the vacant lot. According to the news report quoting the law enforcement officers, the suspect's car swerved right, and then rotated clockwise a few times, and then moved sideways in a northbound direction through the vacant lot. The suspect's car finally struck an elevated canal bank and then dropped into the canal. The suspect's automobile was discovered in a canal later that night. Police officers discovered the car completely submerged underwater.
The news report stated that the suspect left the scene of the fatal car accident on foot. However, law enforcement officers discovered the suspect close to the scene of the accident. The suspect was transported to a local area hospital for treatment of non-life-threatening injuries.
Divers for the Cape Coral Fire Department found the passenger, and he was still inside the submerged car and had tragically drowned. The passenger was removed from the submerged car, and he was pronounced dead at the scene of the single-car accident.
Detectives allege that alcohol, speed, and drugs were contributing factors in the fatal accident. The suspect has been charged with several crimes due to the accident. He has been charged with Driving While License Suspended or Revoked, Fleeing and Eluding, DUI Property Damage, and Leaving the Scene of a Traffic Accident. His bond was set at $180,000.
Cape Coral DUI Manslaughter Law and Penalties
According to Florida Statute Section 316.193, the crime of DUI manslaughter is a second-degree felony criminal charge. If the defendant is found guilty of DUI manslaughter, he or she will receive a minimum prison sentence of four years. The maximum prison sentence for DUI manslaughter in the State of Florida is fifteen years. In the State of Florida, an individual convicted of DUI manslaughter is required to serve no less than four years in prison. The presiding criminal justice judge is required to follow the minimum sentencing guidelines in accordance with Florida's Criminal Punishment Code.
Florida's Criminal Punishment Code makes DUI manslaughter a Level 8 offense. Under Florida's Criminal Law Statutes, the Florida Legislature ranks crimes by their severity. A Level 1 crime is considered the least serious criminal offense, and a Level 10 is considered the most severe criminal offense.
Since DUI Manslaughter is a Level 8 offense, if a defendant is convicted for DUI manslaughter in Florida, the judge will likely impose the following criminal punishments:
- Community service;
- Imprisonment - A prison sentence of at least four years and no more than fifteen years.
- A fine of up to $10,000
- A maximum probationary period of up to fifteen years; and
- Permanent revocation of driving privileges.
The Consequences Are Too Severe to Trust Any Other Florida DUI Defense Law Firm
Contact Musca Law at (888) 484-5057 to receive your confidential case review at no cost to you or your family.