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DUI Manslaughter with Leaving the Scene

Florida law recently changed to make the punishments greater if a person leaves the scene of an accident after a car crash that results in the death of another person and the driver knew or should have known that the accident occurred and failed to render aid or give information.

After the passage of the Aaron Cohen Life Protection Act, the offense of DUI manslaughter after leaving the scene of a crash is a first-degree felony punishable by up to thirty (30) years in Florida State Prison and a $10,000 fine. The minimum mandatory period after a conviction is four (4) years. This four (4) year minimum mandatory penalty must be served day-for-day without the opportunity to earn any gain time.

Additionally, the court will consider the Florida Criminal Punishment Code guideline schedule that usually has a guideline range of 10 to 12 years in prison on the low end. A conviction also comes with a mandatory lifetime driver's license suspension.

Elements of DUI Manslaughter with Leaving the Scene - § 782.071(1)(b)

Under § 782.071(1)(a), vehicular homicide requires that the defendant (1) kill a human being, (2) by the operation of a motor vehicle, (3) in a reckless manner likely to cause death or great bodily harm to another. 

Vehicular homicide can be reclassified into a first-degree felony if the driver also failed to remain at the scene and comply with Florida's statutory information-giving and aid-giving duties as required by § 782.071(1)(b).

Attorney for DUI Manslaughter with Leaving the Scene in Hillsborough County, FL

The experienced DUI defense attorney in Tampa, FL, at the Sammis Law Firm in Tampa, Florida, is available to answer your questions about criminal charges for DUI Manslaughter or DUI Manslaughter involving Leaving the Scene charged under § 782.071(1)(b).

Contact us to find out more about fighting this serious charge. Call 813-250-0500.


This article was last updated on Friday, June 1, 2018.