I am writing a novel and part of my storyline involves a drunk driving fatality and I need some advice on how the legal case would procede.
Here's my scenario:
The drunk driver crosses the yellow line, forcing an oncoming driver to swerve and hit a telephone pole. The victim does at the hospital a few hours later. The drunk driver is so out it that he doesn't realize that he's caused an accident, so he keeps on driving and is arrested for DUI further down the road in another county. Blood Alcohol Level of .18. After sobering up, the drunk driver begins to remember the accident and tells the officers, who are able to connect it to the victim's death.
Here is where I need some help:
Could the drunk driver be charged with Vehicular Manslaughter based on his own testimony or would there need to be eyewitness to place him at the scene?
What about Leaving the Scene of an Accident? Would they need eyewitnesses for that too?
If eyewitness information is vague or sketchy, what could they charge this driver with?
I've never been involved in a court case myself, so I need a little help with the judicial process as well:
How soon would he be arraigned?
Since the DUI arrest took place in one county and the accident in another, where would the case be tried?
If he pleads guilty, how quickly would the sentence be handed down?
This drunk driver has no priors, so I assume the Judge would be lenient. What kind of sentence would you expect?
You may not be able to speak to this, but I'm also wondering if the victim's widow would have the basis for a wrongful death suit. If so, how do they fix a dollar amount?
Thank you so much, I really appreciate your help.
Jannie Baker
1 Answer from Attorneys
Ms. Baker,
You pose a very "novel" question. First, your character would potentially be facing basic DUI charges in the county that he was arrested in and also DUI Homicide/Manslaughter charges in the county where the death occurred. In southern Florida the different counties would most likely both take action on the individual cases.
The penalties for a first DUI in Florida with a BAC over .15 is governed by statute 316.193 and requires the judge to impose a minimum fine of $1,000 and court costs, 50 community service hours, DUI school, one session of the Victim Impact Panel, 10 day vehicle impoundment, a vehicle interlock device (which the driver would need to breath into each time he starts the car and periodically throughout the drive), and a 6 month license suspension. Your hypothetical gets complicated because if the defendant pleads out to this after being convicted of the DUI manslaughter he would be facing penalties for a 2nd conviction within 5 years which would include jail time up to one year in county jail and increased fines and a license revocation for about two years; increased fines and court costs and DUI school level 2.
For DUI Homicide/Manslaughter the defendant would be facing the above penalties with the addition of state prison time. If the defenant has no prior criminal convictions, in the state of Florida their guidelines would score out to no jail time up to about 14 years. The amount will increase depending on criminal history.
The DUI homicide will be tried in the county where the death occurred. If convicted in Florida through a trial or plea the judge must immediately conduct a sentencing hearing and the punishment goes into effect immediately thereafter. If there is any appeal the defense attorney would need to move for a supersedious (appellate) bond which is at the court's discretion. Don't expect leniency from a judge on these types of crimes.
A person could be convicted for this death based on their own statements so long as they have been properly Mirandized and waived their right to remain silent and have an attorney. There is no need for an independant eye witness to corraborate if the confession is proper. If the confession is improper or there was no confession at all, then it would be the State Attorney's burden of proving the defendant caused the accident that took the life of the victim. And without paint scrapings, damage the the defendant's vehicle, tire marks, etc, they will most likely not be able to prove causation.
A defendant in Florida must see a judge within 24 hours for a bond, and within about 21 days they will have their arraignment. If the defenant is in custody and the State has not filed the charge within 33 days, he must be released on his own recognizance. If he is out, the state has 175 days to file the charges before the statute of limitations runs out.
A widow would have a good wrongful death lawsuit; you'd be looking at insurance policy maximums plus anything else if the defendant has money of his own. If the defendant has basic insurance with death coverage you'd be looking at $100,000 up to $250,000. Say the defendant is a sports star you'd expect a good 5 million dollar settlement.
If you need any further help, don't hesitate to call or email 305.670.3119 or [email protected] me know when you get published.
All My Best,
Joseph Vredevelt
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