Sentences Vary Widely in DUI Death Cases

In a recent case, a 20 year-old girl, tweeted “2 drunk 2 care” before killing her two friends in a drunk driving crash. Though she was overwhelmed with guilt and tearfully expressed her remorse, faced with her friends’ angry relatives, a Broward judge sentenced her to 24 years.

Just days later, a 54-year-old alcoholic stood before a Miami judge awaiting his fate for driving into a Liberty City restaurant while under the influence, killing two church elders. The victims’ relatives forgave the defendant, who was sentenced to 10 years.

On the same day that he was sentenced, in a quiet courtroom with no news cameras, a 27 year-old lady faced the music for killing one person in a DUI crash, and killing another in a hit-and-run crash while she was on bail in the first case. The Miami-Dade judge sentenced her to just four years.

The daughter of the second victim she killed said that she is still shocked she only received four years. She said that she’s still upset and depressed.

Florida’s Mandatory Minimum Sentence

Under Florida law, any person convicted of DUImanslaughter shall be sentenced to a mandatory prison term of 4 years. However, as these recent cases demonstrate, the prison terms for DUI manslaughter vary widely from case-to-case, and from county to county.

According to the Miami Herald, in over 400 fatality cases since 2012, the statewide average for DUI manslaughter is less than 10 years in prison. Of all counties, Miami-Dade had the most cases over that time span, with 66 cases. Of those, the lightest average sentences served were 6 years. In contrast, Broward had 27 cases, with defendants in that time span serving just less than 10 years.

Broward has a reputation for being harsher than Miami-Dade County, the Miami Herald reports.

In Palm Beach, the average sentences are even higher, with convicts averaging 11.54 years for DUI manslaughter, while defendants in Hillsborough County serve just over 10 years.

According to legal experts, the reasons for the disparity in the sentences stem from an array of factors, including the skill of defense attorneys, the circumstances of the crash, the defendant’s criminal history, media attention, and the desires of the victims’ family members.

While judges can’t speak publicly about cases, former Miami-Dade judge, Ellen Leesfield told the Miami Herald that judges must have the courage to hammer someone when they deserve it, and the courage to give someone a break when they deserve it.

Arrested for DUI in Miami? Contact my firm, JonathanBlecher, P.A. to schedule a free case evaluation.

Source: http://www.miamiherald.com/news/local/article27347041.html

98-Year-Old Killed in Palm Springs DUI Crash

A man was arrested on July 10 on suspicion of DUI manslaughter after a drunken collision left a 98-year-old man dead in May, Palm Beach police say.

V. Pineda, 20, of West Palm Beach, faces felony charges stemming from a four-vehicle crash that he allegedly caused in May.

The fatal crash occurred on May 3 at around 10:15 a.m. in the 2900 block of South Congress Avenue after Pineda drove a 2001 Mitsubishi into a Honda that was stopped at a red light.

According to the police, the crash involved four vehicles and resulted in more than $10,000 in property damage.

N. Reitti, 98, of Lake Worth was a passenger in the Honda that Pineda slammed into. Reitti was transported to a local hospital after the crash – he succumbed to his injuries and died days later, according to the Sun Sentinel.

Pineda was driving with an expired tag on his vehicle, he didn’t have personal injury protection insurance, and according to the report, there was a “heavy odor” of alcohol on his breath.

In the report, an officer wrote that at first Pineda cried and felt sorry for the injured passenger, but then he started laughing.

Pineda’s blood alcohol concentration was .184 and .183, according to police – more than twice the legal limit.

Pineda was initially charged with DUI with injury, however, that charge was dropped last week. The authorities rebooked him into Palm Beach County Jail on Friday on a DUI vehicular manslaughter charge; he is being held in lieu of $100,000 bail.

He was still in jail on late Tuesday, the Sun Sentinel reported.

What are the penalties for DUI manslaughter?

DUI manslaughter in Florida is a very serious offense, which involves mandatory minimum sentencing. If Pineda is convicted, he faces from 4 to 15 years in prison, up to $10,000 in fines, possible victim restitution, and a non-expungable felony on his record.

Are you facing DUI charges in Miami? Regardless of the circumstances in your case, choosing the right Miami DUI lawyer to defend you can make all the difference. You cannot take chances with your future – contact my firm today!

Over Fourth of July, Water Cops Cracked Down on Boaters

On the Fourth of July one year ago, a three-boat crash on the waters of Biscayne Bay claimed the lives of four people, turning a post-fireworks celebration into a deadly mess.

In response to the crash, authorities called for additional patrols and the establishing of new limits for boaters on popular holidays, such as Memorial Day and the Fourth of July.

For this year’s Fourth of July holiday, water cops were cracking down on boaters. Some of their new enforcement efforts included how boats had to be tied together, temporary low-speed zones, and of course, a zero tolerance for boating under the influence.

The marine police and the Coast Guard wanted to prevent another tragedy from occurring during one of the most popular holidays for recreational boating. During the Fourth of July, it is common to see hundreds of boaters, swimmers, smaller craft and plenty of beer in Biscayne Bay.

Key Biscayne Police Chief Charles Press told the Miami Herald that they know that people like to party, and that the Fourth of July is a big day in America. He said that they want to ensure that good people who want to enjoy the day go home safe to their families.

In 2014, Miami-Dade County had the most boating accidents in the state. According to the 2014 Boating Accidents and Statistical Report released by the Florida Fish and Wildlife Conservation Commission, there were 79 boating accidents in Miami-Dade last year.

Those accidents killed 10 people and injured 47, leading to $2.2 million in property damage. The deadliest crash was last Fourth of July, the Miami Herald reports.

Penalties for Boating Under the Influence

Much like drunk driving accidents, one of the leading causes of boating accidents is boating under the influence of alcohol. In Florida, you can be arrested for boating under the influence(BUI) if you’re caught operating a boat after drinking alcohol.

The penalties for BUI vary depending on the circumstances of the case and whether you have prior BUI convictions. A first conviction for BUI without aggravating factors such as bodily injuries or death is punishable by up to $500 in fines, and up to 6 months in jail. Subsequent BUI convictions incur enhanced penalties.

If you are facing BUI charges, it is imperative that you speak with a qualified Miami BUI attorney. Contact my firm to discuss your legal defenses in a free case evaluation!

I Failed the Field Sobriety Tests – Is There Hope That I Can Avoid a Conviction?

When you are pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol and the police officer asks you to submit to a few field sobriety tests, in most cases the wise choice is simply to refuse. You can’t be punished for refusal and it is possible that the officer doesn’t have the means to conduct any blood, breath, or urine tests right then and there. However, if you are like most of us, you might not have known that you could refuse those roadside tests and agreed to take them.

And then you failed them. So what now? Does this mean you are definitely facing a DUI conviction that will slap you with high fines, a suspended license, and possibly even jail time? Not necessarily.

Field Sobriety Tests are Notoriously Unreliable

When you think about field sobriety tests, you are probably thinking about standing on one foot on a bumpy road, walking a straight along a line that is anything but, or trying to recite the alphabet backwards. And you wouldn’t be misled. Those are some of the most common forms of testing someone curbside, along with having to follow the end of a pen while a bright flashlight is shone right in your eyes. At first glance, there are immediate problems with these tests.

More or less, there isn’t a single field sobriety test that is completely reasonable. Even standing on one foot for a minute can be difficult for someone who is sober, especially if they are elderly, overweight, or suffering from a leg injury. And when was the last time any of us recited the alphabet normally, let alone backwards?

Worse yet, the results are entirely subjective. There’s no data sheet printing out in the officer’s car that has the empirical results of your field sobriety tests. He doesn’t have some fancy device that studies your motions with a computer’s precision. These tests are subjective and based on the judgment of the police officer.

With the assistance of a skilled Miami DUI defense lawyer such as myself, Attorney Jonathan Blecher, the prosecution’s claims can be entirely dismantled. By pointing out the numerous flaws in field sobriety test results and presenting critical evidence on your behalf, I could help you walk free after a complete dismissal of your DUI charges. With a perfect 10.0 “Superb” Avvo Rating and more than 3,000 DUI cases under my belt, you can trust me to protect your rights with the precision and dedication that few other defense attorneys could.

Start building your DUI defense case by scheduling a free case review with me today!