Archive for May, 2011
Defending DUI Manslaughter Charges
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.
Originally published here.
Dave Watson
Clearing Your Criminal Record – Chicago Criminal Defense Attorney
www.myattorneysonline.com 800-899-4904 Chicago Criminal defense attorney Steven H. Fagan talks about clearing or expunging your criminal records. Attorney Fagan is very experienced in clearing criminal records. Call for a free case evaluation.
Learn How To Beat A DUI: Get Your Life Back On Track!
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Learn How To Beat A DUI: Get Your Life Back On Track!
By: Drew B. Spaeth
Posted: Oct 31, 2009
Views: 205
A DUI can be a mistake that plagues you for life if you do not take action to remove it from your record or reduce it’s effects. Those three letters will follow you like an albatross around your neck, just as if you had the letters “DUI” tattooed on your forehead. Fortunately, there are things you can do to learn how to beat a DUI in every state, even those that do not allow you to expunge your record.
The first step in learning how to beat a DUI is to understand the DUI process. DUI is political crime that makes local governments huge amounts of money, & these governments feel huge amounts of pressure from political lobby groups like Mothers Against Drunk Driving. Because of the money & political clout involved, there is pressure to lower Blood Alcohol Level requirements to increase arrests & revenues. This means many people who would never have a criminal record otherwise get drawn into the DUI process for offenses at lower BAC levels that pose less of a threat.
The second key to learning how to beat a DUI is understanding that DUI is a one size fits all crime. Someone who who shows a low or borderline BAC with no signs of impairment is treated in the same manner as someone who blows 3 times the legal limit & causes an accident. When an employer sees your DUI on a background check, which scenario do you think come to mind?
The final step to learning how to beat a DUI is to realize that the system has been set up with the best interests of the law, the government, & the pressure groups placed ahead of YOU. Just putting yourself at the mercy of the court or trusting your attorney is the worst thing you can do. They all have their interests ahead of yours. You need to educate yourself on how to beat a DUI. The information is available but it is in no one’s best interests to GIVE it to you. You will have to educate yourself on your state’s DUI laws & do what you can to clear your record. The price of the material is also very reasonable compared to the cost of paying an attorney or continuing to live with that DUI on your record.
Drew B. Spaeth – About the Author:
Don’t let your DUI charge be the Scarlet Letter that limits your job opportunities & costs you thousands of extra dollars in car insurance premiums! Arm yourself with the facts you need on how to beat a DUI or seriously reduce the effects it has on your life. Go to http://www.clearduirecord.info to get your FREE DUI Strategies report outlining what you can do to reduce or completely reverse the adverse effects you DUI will have on your life!
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Article Tags:
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