The tragic ending to what appeared to be a lucky drive home for one Orlando man, now lands him charged with DUI Manslaughter. As reported by the Orlando Sentinel: DUI Manslaughter, Influenced by more than alcohol

How is that possible you ask? The DUI laws in our fair Sunshine State only require that the driver, (Husband/widower), was: 1) driving, 2) at the time he was driving was impaired by alcohol; 3) as a result of operating the vehicle caused OR CONTRIBUTED to the cause of death of the Victim.

An incredibly broad and encompassing law when all the State has to prove is “or contributed to the cause” of death.

If she(the Victim) is not pressing charges why is he(the Defendant) being charged?

A popular question asked by Defendant’s, Witnesses, and Victim’s alike. In all criminal proceedings in the State of Florida, you will notice that in the “caption” (case heading/title), one party is always constant, “State of Florida v. …..” Because the State of Florida is always the plaintiff, it is up the State and the State alone to decide whether to prosecute.

A more philosophical discussion will certainly ensue when we discuss the difference between when the State CAN prosecute and when the State SHOULD prosecute. As in the tragic incident reported by the Sentinel above, what interests are served by making a now motherless child an orphan?

RBM

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