Does anyone know what kind of penalty DUI Manslaughter typically carries in Florida? I know that it says a max 15 years, but I was wondering what was customary.
I’m not advocating drunk driving, but it sounds like this guy was in the middle of the road. Perhaps there should be a mid-level DUI Manslaughter law where you were at fault, but not egregously at fault…
Not a lawyer.
Don’t know Florida law.
Don’t know law.
At this point he has either yet to be charged or just been charged. The merits of the case would have to be argued in court before sentencing is even considered. Then typically (depending upon Florida law) if convicted he would have a sentencing hearing, where he could argue for lower sentence based upon the amount of his culpability.
He was speeding. He was over the legal limit (0.14 vs 0.08). He did see the guy - he flashed his lights at the guy. The pedestrian was not in a crosswalk, and was in a hurry. Was the pedestrian paying attention, did he violate common sense and step in front of a moving vehicle?
All are details to be made in court and weighed by the jury.
I"m also not a lawyer.
But, I’d have to say that DUI Manslaughter is a fairly rare crime. So, there won’t be a ‘typical’ penalty like there would be for someone who got pulled over on the way home from a bar and was charged with misdemeanor DUI. Judges see hundreds of those cases and they have a usual punishment of probation, fines, and license suspension.
Here is the report on the Joba Chamberlain DUI case. He was probably in and out of the courtroom in 15 minutes. Probably would have been less than five if he wasn’t an MLB pitcher.
Well yes, of course. But, it’s okay to speculate on what might happen. That’s not the same as jumping to the conclusion that he’s guilty and needs to fry.
Info from the Florida DHSMV site says that DUI Manslaughter is from statute section 316.193 (3), F.S. and is a second Degree Felony with not more than $10,000 fine and/or 15 years imprisonment, plus license suspension.
Traffic court typically handles misdemeanor drunk driving cases, such as Chamberlain’s. Felony courts in Florida are called circuit courts. Link
MADD being what it is and having the influence it does, a judge would be very careless to give any DUI offender only 5 minutes of his time, whether he’s a big league pitcher or not, IMHO. Judge’s hate to risk the chance that a DUI offender will kill someone in a subsequent traffic accident with the judge being held responsible by the voters or MADD.
Sorry if I was unclear. My point in laying all that out was to aid any speculation.
More specifically, to outline why I don’t have much basis for speculating further. He could be found highly culpable for seeing the guy and being too impaired to respond in time. It could be ruled that the pedestrian stepped directly in front of him and a sober person wouldn’t have been able to stop, either. He could be given a couple years probation and a stiff fine, he could be sent to prison for 15 years (out in 7 with good behavior) and heavily fined. I really don’t know enough to speculate any more precisely. If he goes to prison, his football career may be over. If he’s just on probation, he may be able to keep playing.
But what do I know, I’m not a lawyer, don’t live in Florida, and don’t follow sports.
He also faces NFL suspension and fining. They are trying to break their image and love to pile on if they think it makes them look good.
I posted about this already in the Free Agency thread, but I’ll repeat myself here.
I hate drunk drivers. I particularly hate drunk drivers who kill people. I hope Stallworth serves the max 15 years, but I know that’s not going to happen.
Different laws when you are rich and can afford the best and connected attys.
Sad but true, it often seems. However, offsetting that in this case is the defendant’s high profile, perhaps facing a judge, acutely aware of all the cameras and microphones, who will want to “send a message” with a stiff sentence.