Defending DUI Manslaughter Charges
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by: watson23
Word Count: 457
Date: Mon, 9 May 2011 Time: 6:19 AM
Any driving under influence (DUI) conviction comes with associated penalties like jail term, fines and charges, admission to driving school, installation of ignition interlock device and so on. However, the penalties acquire further severity in case the impaired driver kills another while driving in an intoxicated state.
If you were facing any such charges, you need to consult a DUI lawyer immediately. Why is this necessary? Here are the penalties for manslaughter and vehicular homicide as applicable in Florida. This would give you a good idea about what you may have to endure in the absence of proper legal defense.
As per s. 316.193 (3), F.S.: Considered a felony of the second degree, DUI manslaughter and vehicular homicide carries with it jail term of maximum 15 years and/or maximum fines of $10,000.
Leaving the scene of the accident enhances the crime and makes it a felony of the first degree. The jail term may increase to a maximum of 30 years if the impaired driver knows, or should have known, about the accident, and fails to report it or provide necessary assistance to the victim.
If you think that your impairment could actually save you from being charged with murder, you need to think again. Many also have a misconception that as the car is not a weapon no homicide charge could stand its ground. However, these are not correct. These crimes fall within the involuntary manslaughter category and are very serious indeed.
What you need to do is find a Miami DUI lawyer immediately if you were facing drunk driving related manslaughter or homicide charges. How could a lawyer help? Only a lawyer has a clear idea about how the legal procedure works in such cases. Therefore, he/she is the only one who can assess the legality of the procedure.
Only capable and timely defense could save you from the penalties associated with such crimes. Moreover, as per Florida laws, a drunk driving record is never expunged. Therefore, if you do not take necessary steps to prevent conviction at the trial stage, chances are that the record would always be there, coming back to haunt you.
What possible defense is there in such a case? Only a competent DUI lawyer would be able to tell you the defense strategy that may work in your case. May be you were under the influence of prescription drugs or may be it was the other person’s negligence. Without proper investigation and careful analysis, it is impossible to find out the proximate cause of the accident.
About the Author
Dave Watson, a legal journalist, offers tips and suggestions regarding legal issues concerning DUI laws matters. If you are looking for a Miami DUI Lawyer, she suggests you to visit http://www.miami-criminal-lawyer.net/html/dui.html .
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