DUI Pedestrian Manslaughter Defense Lawyers in Gainesville, Florida FL
Gainesville Fatal Drunk Driving Hit and Run Accident Defense Attorneys
In the state of Florida, when a motorist is caught operating a vehicle with a blood-alcohol level of 0.08% or higher, he or she will be arrested and charged with Driving Under the Influence. Law enforcement officers are also keen on those drivers who are intoxicated by narcotics. And those cases, the driver will also be charged with Driving Under the Influence. A DUI criminal charges a very serious offense in the state of Florida; however, when a drunk driver injures or tragically kills another person, penalties and punishments are significant.
Florida Statute Section 316.193(3)(c)(3) defines DUI manslaughter as an individual who is operating a motor vehicle and unintentionally kills a human while the driver is under the influence of alcohol or drugs. According to Florida Statute section 782.071, victims of DUI manslaughter can be an adult, a child, or viable fetuses. All DUI manslaughter criminal offenses are felony charges in the state of Florida.
Law enforcement and state prosecutors are under tremendous amounts of pressure to obtain convictions in DUI pedestrian manslaughter cases. Often times drunk drivers flee the scene of the crime in order to avoid prosecution. Every weekend in Florida, there are reports of fatal hit and run accidents involving pedestrians and automobiles. However, fatal hit and run accidents or not just caused by cars but may include motorcycles, trucks, mopeds, motor scooters, buses, ATVs, SUVs, and any other motorized vehicle. What makes these accidents so deadly is the speed of the motor vehicle. Most fatal pedestrian accidents involving drunk drivers occur during the early morning hours from approximately midnight to 5 o'clock in the morning on Saturday or Sunday mornings. When law enforcement investigated the accident scene, they are usually able to catch the offender by reviewing surveillance video camera footage, collecting vehicle debris to identify the make, model, and year of the motor vehicle, and interviewing witnesses.
Defendants Charged with Fatal DUI Pedestrian Accidents in Gainesville Need Aggressive and Experienced Legal Counsel
At Musca law, our fatal DUI pedestrian accident Defense attorneys in Gainesville, Florida, act quickly to protect our clients' legal rights and freedoms. It's important for those charged with a criminal offense in the state of Florida to begin the legal defense process early based on the circumstances of the case. Early intervention can help a defendant weaken the prosecutor's case and potentially have important evidence suppressed.
In the state of Florida, when a motorist has been involved in an accident with a cyclist, pedestrian, or any other motor vehicle resulting in death, homicide investigators will initiate a DUI manslaughter case. As part of the investigation, law enforcement officers will put in a formal request or will seek a warrant to draw blood samples from the alleged drunk driver. These blood samples will be tested for the presence of alcohol and all types of narcotics. Moreover, investigators will obtain copies of the suspect's medical records. It is the medical aspect of DUI pedestrian manslaughter cases in Florida that makes defending an alleged drunk driver so complex. Anytime scientific evidence is brought into a criminal case, the prosecutor's case becomes more and more compelling to a jury. However, defendants should understand that they are innocent until proven guilty and not give up on fighting the criminal charges as aggressively as possible.
If you or a family member have been charged with DUI pedestrian manslaughter in Gainesville, Florida, contact our firm by calling 352-397-9915 or visit us at our local office at 309 NE 1st St #15, Gainesville, FL 32601. Our phones are answered 24/7.
Subpoenas for Medical Records and HIPAA Privacy Rights in Gainesville DUI Pedestrian Manslaughter Cases
A subpoena, otherwise known as "duces tectum, will be submitted by the states prosecuting attorneys and will request the medical records of the driver who allegedly struck and killed a cyclist, pedestrian, motorcyclist, or occupant in a motor vehicle. Florida state attorneys might also mail the defendant a "HIPAA 15-day letter," which is also known as a "Notice of Investigating Subpoena for Medical Records.. ". It is very important that you understand the implications and legal rights regarding your medical records. In Florida, as in most states, medical records are protected by federal HIPAA laws. In order for the state to acquire the cues medical records, the accused right to privacy must be handled. Fortunately, Florida takes the due process rights of the accused very seriously.
The Gainesville fatal DUI pedestrian defense attorneys at Musca Law are here to help you understand your legal rights, understand what must be turned over according to Florida law, and what information should remain confidential. MuscaLaw helps you navigate through the criminal legal justice process in order to preserve your due process rights. Our firm represents those accused of all types of criminal offenses and DUI cases, including those involving death, property damage, and serious personal injury.
Penalties in Sentencing in DUI Pedestrian Homicide Cases in Gainesville, Florida
DUI manslaughter criminal offenses are charged a second-degree felony charge, and they are sentenced with a maximum prison sentence of up to 15 years in state prison. The offense is also categorized as a Level 8 crime under Florida's Criminal Punishment Code. DUI Manslaughter conviction typically carries a minimum prison sentence of four years in a maximum prison sentence of 15 years. Depending on the facts of the case, prosecutors might waive the mandatory sentence.
In addition to prison, there are other potential punishments such as:
- Community service
- Finds of up to $10,000
- Mandatory do you like horses
- Lengthy probationer.
- Mandatory counseling for alcohol or drug abuse
- Permit loss of drivers license
- Impounding of the suspect vehicle
The Elements Prosecutors Must Prove to Win a Conviction in a DUI Manslaughter Case
According to Florida criminal code, state prosecutors must prove specific key elements of a crime in order to obtain a conviction in a DY manslaughter case. For law enforcement to obtain blood samples from the suspect, law enforcement officers bus believe the following three elements have occurred to arrest the suspect and for prosecutors to obtain a conviction.
- The accused was in control of or driving a motor vehicle
- The defendant was under the influence of drugs or alcohol
- The vehicle in which the defendant was driving struck and killed another person.
Florida law mandates that law enforcement act responsibly and meet all of the requirements necessary to obtain a blood sample from the accused.
Building a Strong Defense and Hiring Experts in DUI Pedestrian Manslaughter Cases in Gainesville, Florida FL
Our pedestrian manslaughter defense attorneys Musca Law understand how to build a compelling and persuasive defense. State prosecuting attorneys will have the benefit of having law enforcement conduct a thorough investigation. Defense experts may be used to probe certain events or uncover evidence that could be used against the prosecutor's case.
Every Musca Law client understands that our legal professionals will always be there fighting for them and helping them through each step of the criminal justice process. Our defense attorneys can be with you during police interrogations, help seek out potential witnesses, acquire witness statements, collect vital evidence and take photographs to help our clients fight their criminal charges. Moreover, our Gainesville Fatal DUI Pedestrian Accident defense attorneys review each case with a critical eye, and we aggressively file motions to suppress as much of the prosecution's evidence against our clients as possible.
Hit and Run DUI Criminal Charges in Gainesville, Florida
When a driver has consumed alcohol, narcotic medications, or illicit narcotics and they strike a pedestrian, their first impulse is to flee the scene of the accident. About 1/3 of all pedestrian accidents involving motor vehicles are hit and run pedestrian accidents. In many cases, had the driver stopped and rendered a to the pedestrian by calling 911, the pedestrian may have survived the accident. However, most pedestrian accidents involving drivers who are intoxicated occur late at night or early in the morning hours along dark highways or desolate city streets. Failure to stop and render aid when involved in an accident is a crime in the state of Florida. All drivers are required to stop and render aid and/or provide their contact and insurance information to the other parties involved in the accident.
In the state of Florida, a driver had committed a third-degree felony, punishable with up to five years in prison, when the driver fleas an accident they caused that has injured another person. The judge may also impose a monetary fine of up to $5,000. If the pedestrian sustained severe bodily injury, the hit-and-run driver would face a second-degree felony which is punished with a five-year prison sentence and a fine of up to $10,000. If a driver strikes and kills a pedestrian and then flees the accident scene, The driver will be charged with a second-degree felony DUI manslaughter and fleeing the scene. If the driver is convicted of this criminal offense, he or she could receive a prison sentence of up to 30 years plus a $10,000 fine.
Building an Effective Defense and a Gainesville DUI Pedestrian Manslaughter Case
If you or a loved one were charged with DY manslaughter against a pedestrian, cyclist, or another driver, certain effective defenses are available to you. Determining which defenses would apply in your case requires the review of the facts and circumstances surrounding your case by an experienced DUI pedestrian manslaughter attorney.
Disputing the Prosecution's Evidence Against the Defendant
In order for prosecutors to obtain a conviction against an individual charged with DY pedestrian manslaughter, the prosecuting attorneys must prove beyond a reasonable doubt the defendant was in control of the vehicle, was under the influence of drugs or alcohol, and caused the death of the alleged victim. In some cases, the circumstances of the case could lead your defense attorney to argue that you are not driving at the time of the accident or that you were not driving under the influence. Another plausible defense is to refute that the accident led to the pedestrian's death. In many pedestrian accidents, drivers have successfully explained that the pedestrian either caused the accident or was partially at blame for the accident. For example, the pedestrian attempted to cross the street in front of the driver's oncoming vehicle. This is an incident that occurs many times when pedestrians are walking along roadways while intoxicated.
A "will witness defense "is used to deny that the defendant was operating the motor vehicle. If there were no witnesses to see who was operating a motor vehicle at the time of the accident, and the driver didn't admit to driving, there's a potential for the case to be dismissed or to win an acquittal.
In any criminal case, it's especially important that those who were accused of a crime or those being questioned by law enforcement do not talk or answer questions without their attorney present. In any significant number of criminal cases, the defendant was convicted of a crime simply because of statements made to law enforcement officers.
Improper Collection of Accident Evidence
In the state of Florida, law enforcement officers are bound to specific rules and procedures while investigating an accident and collecting accident evidence to be used against the suspect. If those procedures are violated, your attorney may file a motion to suppress to exclude any evidence collected due to improper handling or collection of evidence. One example of a procedural error that may benefit the defense is obtaining a blood sample from the defendant without a search warrant or the consent of the accused. If the defense attorney is able to demonstrate this fact, the blood evidence and relevant chemical analysis could be prevented from being used as evidence in that defendant's DUI Manslaughter trial.
Chemical tests and breathalyzer tests are complicated pieces of equipment. These electronic devices must be properly calibrated and maintained; otherwise, the chemical tests will produce invalid results. If your defense attorney is able to determine improper calibration or maintenance of a breathalyzer has occurred in your case, those evidentiary results may be thrown out.
A breathalyzer test can also produce false results after an accident due to the chemicals contained within certain types of airbags. Once his airbags are deployed during an accident, the breathalyzer test results might prove he has proven to be inaccurate by your defense attorney.
Miranda rights violations as a Defense in Gainesville DUI Pedestrian Manslaughter Cases
Under some circumstances, statements made by the suspect may not be used against him or her in a court of law. When police place an individual under arrest, the arresting officer must read the suspect their Miranda rights. The Miranda warnings inform the offender of their constitutionally protected legal rights, such as their right to remain silent in their right to have an attorney present with them during questioning by law enforcement.
In criminal cases involving a DUI criminal charge, the officer must read the driver the implied consent warning. Those drivers who hold a commercial driver's license read the standard implied consent warning and a special implied consent warning for commercial truck drivers. If these have not been read to the accused, this may provide an opportunity for your defense attorney to petition the court for dismissal.
Our phone lines are open 24/7. Call Musca Law today at 352-397-9915 or visit us at our 352-397-9915 or visit us at our Gainesville law office located at 309 N. E. 1st St. Suite 15 Gainesville, FL 32601.
309 NE 1st St #15
Gainesville, FL 32601
Hours: Open now: Open 24 hours
Phone: (352) 397-9915
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