What is driving under the influence manslaughter in Florida?
The crime of Driving Under the Influence Manslaughter is a Second Degree Felony that is punishable up to 15 years in prison and $10,000 fine.
The offense of Driving Under the Influence Manslaughter occurs:
- When a person drove or was in actual physical control of vehicle.
- While driving or in actual physical control of vehicle, the person was under the influence of alcoholic beverages, chemical substance, or a controlled substance to the extent that his/her normal faculties were impaired; or had a breath-alcohol level of 0.08 or higher; or has a blood-alcohol level of 0.08 or higher.
- As result of operating the vehicle, person caused or contributed to the cause of death of victim
“Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary rails or tracks.
“Normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.
“Impaired” means diminished in some material respect.
“Actual physical control of a vehicle” means the defendant must be physically in [or on] the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.
“Alcoholic beverages” are considered to be substances of any kind and description which contain alcohol.
Defenses in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Florida include:
- Person was not in actual physical control of vehicle.
- Person was not impaired.
- Inadmissible Breath Results.
Armenia v. State: On intent
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