hardFlorida2020criminal
State v. Anonymous Defendant (DUI Manslaughter)
Fatal car accident. Defendant's blood alcohol level above legal limit. Question of whether intoxication caused the accident or if victim's actions contributed.
Charges
- •DUI Manslaughter (Florida Statute § 316.193)
Case Facts
Review the established facts of this case
- 1Accident occurred at 1:30 AM on rural highway
- 2Defendant's vehicle struck pedestrian crossing highway
- 3Pedestrian died at scene from blunt force trauma
- 4Defendant's BAC tested at 0.12% (legal limit 0.08%)
- 5Pedestrian was wearing dark clothing
- 6No streetlights in area of accident
- 7Pedestrian was not using crosswalk (nearest crosswalk 0.3 miles away)
- 8Defendant called 911 immediately after accident
- 9Skid marks indicate defendant braked before impact
- 10Accident reconstruction shows defendant was traveling at speed limit
- 11Toxicology shows pedestrian had BAC of 0.15%
- 12No witnesses to accident
- 13Defendant has no prior DUI convictions
Your Verdict
Based on the evidence and applicable law, what is your verdict?