DUI Manslaughter Dismissed

Wed, Aug 16, 2017 at 10:23AM

Our client was arrested after a crash resulting in the death of one person and serious injury of another.  Blood was taken without a warrant which showed positive for controlled substances.   Under the recent United States Supreme Court opinions of Missouri v. McNeely and Birchfield v. North Dakota the State must have a warrant or show an exception to the warrant requirement; such as, exigent circumstances or free and voluntary consent.  They failed to so and the trial court suppressed the blood results.  Without, that the State considered continuing the prosecution for Vehicular Homicide which is reckless driving causing death.  But, after we submitted a memorandum of law reviewing all the appellate court cases affirming and reversing Vehicular Homicide, they decided to dismiss the case.  Client was facing up to 15 years and prison can now enjoy his life with wife and new son.  The Trial Court opinion has been published in Florida Law Weekly Supplement.

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