Serious Injury or Death Defense Lawyer in Daytona Beach

Few events are as life-changing as being accused of causing a crash involving serious injury or death while driving under the influence. These cases carry enormous legal consequences and lasting personal repercussions. 

At Whited Law Firm, we have dedicated more than four decades to defending DUI cases exclusively, working on behalf of defendants in Daytona Beach and throughout the Space Coast area. If you are facing charges involving serious injury or death, it’s imperative to put an experienced defense lawyer in your corner as quickly as possible.

Florida law treats these charges severely. DUI with Serious Bodily Injury is a third-degree felony carrying up to five years in state prison and a mandatory three-year driver’s license revocation. DUI Manslaughter is even more serious, a second-degree felony with up to 15 years in jail and permanent license revocation. Under the Florida Sentencing Guidelines, injury or death usually results in lengthy mandatory minimum sentences if convicted. 

In Volusia and Brevard Counties, we see heightened DUI enforcement on heavily traveled routes such as I-95, U.S. 1, and International Speedway Boulevard. Crashes in these areas often involve intense prosecutorial attention. Our job is to protect your rights from the moment charges are filed to every courtroom proceeding that follows.

Call (386) 339-0702 today. You can also request a free consultation by using our online contact form.

The Causation Defense in Serious Injury or Death Cases: Proving You Weren’t at Fault

When a DUI arrest involves serious injury or death, the prosecution must prove two things. They must show that you were impaired and that your impairment caused or contributed to the crash. 

This distinction is critical because even if a driver had alcohol or drugs in their system, the state still bears the burden of proving causation beyond a reasonable doubt.

For example, consider a crash on I-95 during a sudden summer downpour or along the narrow causeways connecting the mainland to the beachside in Daytona and Melbourne. In many cases, external factors like weather, roadway design, or another driver’s unexpected actions can play a significant role in causing an accident. 

In cases like these, our focus can be on carefully examining accident reconstruction reports, eyewitness testimony, and vehicle data to demonstrate that impairment did not cause the injury or death. At Whited Law Firm, we analyze every element of the crash, from roadway conditions to mechanical failure possibilities, to uncover reasonable doubt. 

Furthermore, while acquittal is always our ultimate objective, demonstrating a lack of causation can also play a key role in plea negotiations and sentencing mitigation, perhaps helping to avoid the harshest penalties under Florida’s sentencing guidelines.