A Florida DUI criminal case involving an accident with serious injury or death often results in extremely harsh prison terms that can devastate one’s life. The recent DUI conviction of a Port Charlotte man provides a vivid example. Ronald Judson Smith, who is only 25 years old, was sentenced to a term of 30 years in state prison, which could keep him in prison for more than half his life by the time he is released. Smith also received a permanent revocation of his driver’s license.
The harsh DUI prison sentence was part of a criminal conviction on seven charges including second-degree felony manslaughter after he caused the death of a seven year old girl in a fatal DUI accident. Smith also had been charged with driving under the influence with serious bodily injury, DUI with property damage, assault on a police officer, possession of Oxycodone and Xanax without a prescription, failure to submit to a breath test and driving with a suspended license. The police indicated that Smith ran a stop sign before colliding into the other vehicle. Although Smith refused to take a blood test at the scene of the accident, a forced blood draw was taken anyway. Florida Statute Section 327.353 authorizes police officers to use “reasonable force” to draw blood as part of a DUI investigation in DUI cases involving serious bodily injury or death.
A key issue in the case was whether law enforcement officers had probable cause to take a blood draw. The defense hammered away at inconsistencies among officers regarding the smell of alcohol on Smith following the fatal DUI accident. The statute also provides that an officer must have probable cause to believe that a driver was under the influence of alcohol or a controlled substance while causing a car crash that results in death or serious bodily injury. This made the issue of whether the officers actually smelled alcohol on the driver important. The driver ultimately was found to have committed DUI drugs after traces of marijuana as well as Oxycodone and Xanax were revealed by the blood test following his forced blood draw. Unlike DUI involving alcohol, DUI drugs charges do not have a fixed amount that is presumed to result in impairment.
Florida DUI law also requires that police officers that conduct accident investigations inform a suspect before initiating a DUI investigation. If the police officer believes the driver has been drinking and driving but fails to inform the driver that a DUI investigation is beginning, all of the evidence that is subsequently collected including observations of the officer, field sobriety and chemical testing may be suppressed. Smith also claimed that the accident was the result of brake failure not driving under the influence of drugs. Smith’s defense team claimed that mechanical failure rather than intoxication caused the auto accident. Causation can be a key issue in DUI vehicular manslaughter cases. Our Florida DUI attorneys recognize that anyone who is arrested for DUI resulting from a car accident involving serious injury or death faces very serious consequences. Our experienced Florida DUI defense law firm zealously represents those charged with DUI vehicular manslaughter or DUI with bodily injury. Our Florida DUI attorneys offer a free confidential consultation to discuss your charges so call us today.
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