DUI and BUI Manslaughter/Vehicular Homicide/Driving Offenses
Impaired driving, or reckless driving resulting in death can result in serious felony charges of DUI manslaughter or vehicular homicide. When a vessel is involved, the charge is referred to as BUI manslaughter. Jeffrey H. Garland has defended such impaired or reckless operation of vehicles and vessels for over 30 years.
It is important to remember that impaired and reckless operation cases are defensible. Mr. Garland will investigate the details of each case to ensure that no stone remains unturned in determining whether the State of Florida can meet its burden of proof in a given case. The State must generally show that the accused was operating a vehicle or vessel; that the accused was impaired to the extent his or her normal faculties were impaired, or that he or she had an unlawful blood alcohol. In cases involving serious injury or death, the State must also prove beyond a reasonable doubt that the injury resulted from the impaired or reckless driving.
Vehicular and vessel accidents often involve accident reconstruction. The reconstruction should consider all aspects of the investigation, including witness statements, an analysis of the scene, an examination of the vehicle or vessel, and any other factors that might come up.
Serious injury and death investigations often involve blood testing for alcohol and drugs. Mr. Garland has commonly employed experts to assist in the evaluation and interpretation of such evidence. Crime laboratories can make errors. In past cases, Mr. Garland has been able to show that wrong samples were tested; that the equipment used was not properly maintained and calibrated; and that results have not been reported in conformance with the requirements of the Society of Forensic Toxicologists.
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