Sarasota Criminal Attorney Blog
In a DUI case, the State will often rely on a defendant’s BAC to establish guilt. The prosecution must support any assertions of a BAC with competent evidence; otherwise, statements regarding the defendant’s BAC level may be deemed inadmissible. As discussed in a recent Florida ruling, though, even if such statements are admitted, it may not be sufficient to demonstrate a mistrial. If you are charged with a DUI offense, it is in your best interest to speak with a Sarasota DUI crime defense lawyer regarding what evidence the State may try to use against you.
Factual and Procedural History of the Case
It is reported that this case arose out of a collision that resulted in multiple injuries and one fatality. The defendant, driving a pickup truck, attempted to pass a rental van carrying fifteen family members returning from a spring training baseball game. The collision caused the van to veer off the road, flip, and roll over, ejecting several passengers. Witnesses reported the defendant’s erratic driving before the crash, noting that he appeared to be focused on a phone. A traffic homicide investigation revealed that the defendant’s truck had been traveling at an average speed of 86 miles per hour.
Allegedly, two bottles of rum, one partially empty, were found in the truck, and the defendant admitted to driving. The defendant was charged with multiple DUI crimes. The State provided substantial evidence of the injuries sustained by the fourteen surviving van occupants. During the trial, the prosecution initially claimed that the defendant’s BAC was 0.17 at the time of the crash, but the expert witness refused to conduct a retrograde extrapolation to confirm this figure. The defendant was ultimately convicted of DUI manslaughter and multiple counts of DUI-related injuries and property damage. He was sentenced to 396.6 months in prison, followed by one year of probation. The defendant moved for a mistrial, but his motion was denied. He then appealed.
BAC Evidence in DUI Cases
On appeal, the court assessed whether the trial court erred in denying the defendant’s motion for a mistrial. The motion was based on the prosecution’s statement during the opening that the defendant’s BAC was 0.17 at the time of the crash, despite the lack of trial evidence supporting this claim. The court considered whether the prosecutor acted in good faith, noting that the expert initially provided an opinion that the defendant’s BAC could have been 0.17 at the crash time, assuming certain conditions.
Further, the court referenced precedents where a mistrial was required only if the prosecutor’s unproven claims were so prejudicial as to undermine the entire trial. Ultimately, the court found that the prosecutor’s statement, although not supported by trial evidence, did not vitiate the trial, as it was made in good faith based on prior expert testimony. The court also highlighted that the trial court did not abuse its discretion in denying the mistrial, concluding that any error was harmless beyond a reasonable doubt. Therefore, the appellate court affirmed the defendant’s convictions and sentences.
Talk to a Trusted Sarasota Criminal Defense Attorney.
If you are accused of a DUI manslaughter offense, you may face substantial penalties if you are convicted, and it is smart to talk to an attorney as soon as possible. The trusted Sarasota DUI defense attorneys at Hanlon Law inform you of your possible defenses and help you to seek a favorable outcome. You can reach Hanlon Law via our online form or by calling 941.462.1789 to arrange a meeting.