One of the legal strategies we sometimes employ when defending clients accused of a DUI Manslaughter charge is the element of “causation.” In other words, was the cause of the accident our client’s fault, or can we demonstrate another “intervening cause.”
You should never rely on the accuracy of a potentially over-zealous law enforcement officer who drafted the accident investigation report in your case. Police departments will sometimes conduct a less than thorough investigation. They can be very quick in drawing conclusions, assessing blame and pointing the finger.
Retaining the Services of an Expert
In DUI Manslaughter cases, we are able to retain our own independent Accident Reconstructionist expert to do “drag coefficient” checks on the asphalt and to carefully examine the vehicles that were involved in the crash.
Sometimes, our expert can gain additional valuable insight by accessing information from a vehicle’s “event data recorder” or “black box.” Using the laws of physics and engineering principles, our Accident Reconstructionist will be able to render an opinion as to the speed of the vehicles and most of the events leading up to the accident. More importantly, an accident Reconstructionist can identify the cause of the accident, the roles of both drivers, possible mechanical defects and the impact of the roadway or the environment.
Perhaps, the cause of the accident was not our client’s fault. In fact, there are times when an Accident Reconstructionist will conclude that the person who died, was in fact, the cause of their own death.
We may also want to employ the services of a forensic “Human Factors” consultant. These are experts within the scientific discipline of “human error,” and accident analysis. A “Human Factors” consultant does a calculation and assessment of “perception time,” “decision time” and “reaction time.” His analysis is designed to determine whether it is appropriate to assign human error in an accident.
A Human Factors expert may be able to say that given the facts and circumstances in your case, no person would have been able to consciously recognize the impending danger and thereafter undergo the necessary thought process to make an appropriate timely response. For example, no matter who the driver might have been, there simply wasn’t enough time for them to apply their brakes or to steer clear of the other vehicle. In other words, sometimes an “accident” is just that, “an accident” that nobody could have avoided whether they had been drinking alcohol or not.
Improving Your Position to Negotiate
If you are threatened with a DUI Manslaughter charge, the stakes are high. But, DUI Manslaughter cases can be defended. You need an attorney who will investigate and question every aspect of your case to protect your freedom and your privilege to drive. It is sometimes possible to show the Pinellas County State Attorney’s Office defects in their case. Finding a weakness or a conflict in the evidence could open up discussions for a reduction or a dismissal of the charge.
How We Can Help
If you are convicted of a Florida DUI Manslaughter charge, the Florida Criminal Punishment code provides for harsh sentencing penalties. This can be rather disturbing to someone facing a prosecution for this offense. After all, you certainly never “intended” to hurt anyone. See: DUI Manslaughter... an Unintended Crime in Florida. If you are facing a Pinellas DUI Manslaughter charge, you need a team of lawyers who can closely examine the issue of causation and other available defenses. Whether your focus is on successful courtroom litigation or having your lawyer negotiate an amenable plea bargain, the serious nature of these cases makes it critical that you retain lawyers for whom you have the highest degree of trust and confidence.
Call us to schedule a free consultation: (727) 578-0303
Learn About Other Defenses to DUI Manslaughter Charges: Pinellas DUI Manslaughter Attorney
Review Our Qualifications: Our DUI Defense Qualifications
Related Links:
Challenging the Blood Evidence in DUI Manslaughter Cases
The Proper Labeling and Collection of Blood Samples
Blood Alcohol Analyst Qualifications
Approval of Florida Blood Alcohol Test Methods
ACTAR - Accident Reconstructionist Accreditation
At Russo Pelletier & Sullivan, we are attorneys who defend DUI Manslaughter charges arising out of St. Petersburg, Clearwater and all of Pinellas County.
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Pinellas / St. Pete / Clearwater DUI Lawyers: www.duistpetersburglawyer.com
Possible Solutions For Your Pinellas Criminal Charge: www.defensehelp.com
FAQ Florida Ignition Interlock Laws: www.floridaignitioninterlocks.com
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