The most common scenario for a motorcycle accident that’s caused by the driver of a passenger vehicle is when that driver makes a left turn in front of the motorcyclist. That’s what happened Indian River County recently when a 64-year-old man who was driving an SUV failed to yield the right-of-way to the driver and passenger of a three-wheeled motorcycle. As per the Sebastian Police Department, the man has been charged with two counts of DUI manslaughter. A police spokesperson reported that the driver of the SUV had a blood alcohol level that was over three times of the legal limit of .08. Neither of the riders on the trike were wearing helmets, and both were thrown from the vehicle. Both were pronounced dead at the scene.
The driver of the motorcycle was a military veteran who served in Viet Nam and the Gulf War. He had two children and four grandchildren. His female passenger was described as a “beautiful person, inside and out.”
As per Indian River criminal defense attorney Jeffrey H. Garland, DUI manslaughter is a second degree felony that carries a mandatory minimum prison sentence of four years. These cases are prosecuted vigorously across the state, and sentences are ordinarily far in excess of the the mandatory minimum. Most of the time, sentences are in excess of 10 years.
Indian River DUI manslaughter attorney Jeffrey H. Garland is known and highly respected by both prosecutors and judges. Nobody wants to be put in the position of having caused one or more deaths while he or she was driving while under the influence of alcohol, drugs or both. There are defenses to those types of cases. Never give police a statement or confession of any kind about any type of accident, especially if you’ve been drinking. You’ll only be giving police and prosecutors additional evidence that they can use against you to convict you with.
Contact the offices of Jeffrey H. Garland at (772) 242-6380 right away after any DUI arrest. He’s been serving the Treasure Coast of Florida since 1981, and he’s a board certified criminal trial lawyer by the Florida Supreme Court. Remember not to give a statement or confession of any kind. Persist in your right to an attorney after any arrest, and contact Jeffrey H. Garland right away.