Florida DUI Lawyer Blog

Mary Taylor-Christensen, 64, of Cocoa, Florida, was recently sentenced to 11.5 years in jail for DUI manslaughter following the death of Thomas Bowen, 46, of Jacksonville on February 21, 2005.

Prosecutors said Taylor-Christensen was driving under the influence of alcohol and prescription drug Xanax when her car veered into the emergency lane. She struck and killed Bowen while his wife sat in the car.

Her blood-alcohol level was 0.235, but relatives testified on her behalf, saying that post-traumatic stress disorder and a prescription drug addiction caused by spousal abuse and a bitter divorce had contributed to the fatal accident. Taylor-Christensen’s DUI defense attorney added that the woman had no memory of the accident but felt extreme remorse for her actions.

Back in July she entered into a plea deal with prosecutors, pleading no contest to an enhanced DUI manslaughter case. Given the circumstances of the case, Taylor-Christensen faced a minimum of 11 years in prison, but she could have been sentenced to up to 30 years behind bars if she had been convicted at trial.

Once she is released from prison, Taylor-Christensen will also serve a decade of probation.

More than 11 years in prison for DUI conviction, FloridaToday.com, August 16, 2008

Woman Hit-And-Run Driver To Be Sentenced, WFTV.com, August 15, 2008

Continue reading "Florida Women Sentenced to More Than 11 Years in Prison for DUI" »

This just proves the inconsistency with regards to sentencing across the state. A few weeks back we reported that an 18 year old Palm Beach County man was sentenced to an unbelievable 24 years in prison after pleading guilty to DUI manslaughter charges stemming from an accident that resulted in the death of two men. Just a few hours north, in Orange County, 22 year old Brent Hill Lewis, of Vero Beach is expected to plead guilty to similar charges stemming from an April 15, 2006 accident that resulted in the death of his passenger, Nicholas Fisher, 20, from Michigan. Lewis was found to have a blood alcohol content of twice the legal limit the night he lost control of his vehicle causing it to overturn several times and ejecting both of its occupants. It has been reported that Lewis will be sentenced to up to 10 years probation, faces no jail time and will lose his driving privileges for up to 12 years. The plea deal is reported to be entered on Monday, February 4, 2008.

A Palm Beach County boy who was 17 at the time of the offense received a 24-year sentence in Palm Beach County this week after pleading to the charge of DUI. Daniel Espinoza will be close to 40 by the time he is released (considering good time and gain time reductions). The incredibly harsh sentence followed pleas by the boy’s parents to show leniency. Circuit court Judge Gary Sweet, who presided over the matter, was not affected by the boy’s age, his lack of significant criminal history, or strong family connections. Based on my experience, a DUI manslaughter case paralleling the same facts and circumstances generally carries a maximum of a 10-year sentence in exchange for a plea of no contest, regardless of the person’s age. DUI manslaughter cases are never easy. It is almost impossible to avoid sympathizing with the victim’s family as well as the defendant’s family. The sentence for this individual, however, is simply outrageous. To state that this sentence is excessive would be an understatement. If I was counsel on this case I would already be preparing my motion for mitigation of sentence. Daniel Espinoza has accepted responsibility for his actions in pleading no contest to the charge. I am not disagreeing that he should be penalized. Two people were killed as a result of his drinking and driving and it is well understood that pleas to DUI homicides carry prison sentences. Nonetheless, 24 years for an 18 year old seems to shock the conscience.

A Tampa man was arrested and charged with suspicion of DUI on New Years Day. 59 year old Edward Jackson was seen weaving in and out of traffic that morning when police pulled him over. He was also reportedly traveling 30 MPH in a 50 MPH zone. Jackson reportedly smelled of alcohol and stumbled around during field sobriety tests. Police noticed an 11 year old sitting in the front passenger seat of Jackson’s vehicle and charged him with child neglect in addition to DUI and refusing to sign a summons. Jackson’s bail was set at $8,250.00.

Finally we have reached the end of a year long battle for our firm’s client. The battle has come to a conclusion that we are thrilled with. In the wake of a class action lawsuit against the Broward County Department of Corrections, we have asserted the very real fact that jail sentences would equate to a death sentence for our HIV positive clients in South Florida. The courts have listened. I commend County Court Judge Stacy Ross for rendering a fair decision in choosing not to sentence my client to jail following his violation of probation due to the fact that we presented competent evidence that the Broward County Jail is unable to provide up to the hour care for inmates suffering from HIV.

Previously I had written an article regarding a client of ours who was charged with felony DUI and was suffering from a terminal illness, namely HIV. A person suffering from HIV can become immune to life-saving medications rather quickly. In the case of my client, who had been HIV positive for over 17 years, his “options” as they are referred to, were limited to one immune-boosting medication, as he had grown immune to all others. Doctors have consistently testified that missing a dosage of HIV medication by even six hours could render an individual immune. They have also testified that the Broward and Palm Beach county jail systems failed entirely in previous years to be able to supply HIV inmates with their medications on a timely basis, if at all. A number of lawsuits have resulted from inmates developing full-blown Aids while incarcerated. A case-in-point, clients facing minimum mandatories with HIV must be certain to retain counsel that know the importance of bringing these issues to the attention of the sentencing judge. In the case at hand, our client, who was before the Honorable Judge Joseph Murphy in the felony unit, was fair and sentenced our client for his felony DUI to house-arrest in lieu of a jail or prison sentence. I commend Judge Joseph Murphy for his ability to be fair and identify the very real issues that exist in South Florida jail systems. There was, however, one catch. My client had been on probation for his second DUI at the time of his third felony DUI which I have been speaking about, the very DUI that was resolved favorably. The violation of probation hearing, a separate criminal matter, will be heard by misdemeanor Judge Stacy Ross. Although relatively new to the bench, Judge Ross has shown an outstanding ability to not only be fair but to know the law and apply it correctly. I have no doubt that she will render a correct and just sentence to our client for his violation of probation case which is consistent with the ruling of Judge Joseph Murphy. I will report on the results after sentencing.

After years of defending DUIs in South Florida you would think I’d have developed some resistance to the sick feeling that I get each time I read about young people who get arrested for DUI manslaughter. I can tell you I haven’t. I have had the opportunity to discuss with homicide prosecutors the emotional toll it takes on them having to prosecute 19 and 20 year olds for DUI manslaughter and to seek significant prison terms. Almost always, the defendants being charged are otherwise good kids, most often in college, and have no criminal history. Nonetheless, a poor decision would cost not only the lives of innocent motorists but their own.

One former prosecutor who now sits as a Judge explained to me while sitting in court one afternoon that it is the most difficult thing in the world to have the family of a victim express their pain to you on a daily basis while at the same time having the families of the defendant, who did nothing more than make a poor choice, beg you not to send their only child to prison.

Recently in South Florida, two separate individuals were arraigned in Palm Beach County on Friday, October 26, 2007 for separate charges of DUI manslaughter. Rachel Ritlop, only 18 years old, is charged with two counts of manslaughter stemming from a March 31st incident whereby an elderly man and his wife were killed. In another incident, Ryan Parantha, aged 26, was charged with vehicular homicide following an incident where his automobile veered out of his lane and crashed into a concrete pole resulting in the death of his passenger.

An attorney has a responsibility to force the court to consider treatment options in lieu of jail for persons suffering from life threatening illnesses. I recently had the opportunity to represent an individual who had been charged with his third DUI (a felony under Florida law punishable by five years in prison). This individual had been coerced into pleading out his two prior DUI charges at the advice of his then attorney. A review of both of these files sadly indicated that each was very defendable and guilt never should have been admitted. As luck would have it, his third felony DUI arrest left no opportunity for a dismissal, suppression of the evidence, or even a likely success should the case proceed to trial.

Realizing the stakes are so much higher in felony court in terms of a prison sentence, our client felt it in his best interest to plea and seek mercy from the court despite the 30 day minimum mandatory and trend of Broward judges to sentences individuals for felony DUI anywhere from nine months to a year and a half in the Florida State prison system. What this meant to my client would be his HIV condition transcending into full-blown Aids due to the inability of the Broward County jail system to adequately supervise patients inflicted with the virus and timely administer their life-saving medications.

Kevin Sauve, a former inmate of the Broward County jail system, is one of many casualties of the Department of Corrections inability to get life-sustaining drugs to its inmates. Defense attorneys who fail to bring this problem to the court’s attention are also to blame for a situation that turns a commonly issued jail sentence to a death sentence for those suffering from HIV. Suave, 36, a former college admissions officer went three months without his HIV drugs following his May 1st, 2007 arrest. When he did receive medication, it was the wrong kind.

A common practice in the Broward County jail in is to replace one type of HIV medication for another when the correct prescriptions are unavailable or on-staff corrections physicians disagree with the patient-inmate’s primary care physician.

According to HIV specialist, Dr. James Luckett, replacing of HIV medication is not only toxic to the patient, but paves the way for one to become immune to the effects to the life-saving drug. In some cases a patient’s failure to take his prescribed medication for a period of only six hours will render him immune to its effects.

In patients who have suffered from HIV for many years they are limited to the last line of prescription drugs administered to them. Becoming immune leaves them with no other option but advancing into full-blown Aids and ultimately death.

In a felony DUI sentencing, two crucial points to remember are (1) that the Judge may consider treatment in lieu of a mandatory incarceration sentence; and (2) whether the jail system has the ability to render care to somebody suffering from a life-threatening illness. The jail system in South Florida has absolutely been put into question. In a Sun-Sentinel news article dated August 21, 2007, staff writer Bob Lamendola, noted three individuals who had progressed from HIV to full-blown Aids in the three month period of their incarceration with the Broward County Department of Corrections; they are Richard Hardwick, age 52 of Deerfield Beach, Keven L. Davis, age 33 of Deerfield Beach, and Joann Marie Christian, age 41 of Pompano Beach. I have pulled all three court files to determine if any argument was made on their behalf by their respective defense attorneys seeking their release from jail, due to the fact that required medications would not be forthcoming. I will post the results of my findings in a future blog.

The respective South Florida State Attorneys Offices naturally deny any allegations that inmates have not been receiving needed care despite an overwhelming amount of complaints filed by inmates. Dr. John May, who oversees jail care in eight Florida counties has been quoted as saying that he is “hurt” by such allegations. To date I have seen no creditable evidence presented in the form of testimony by any South Florida State Attorney validating that the jail system is protecting its inmates in this regard. To the contrary, social workers involved in aftercare all the way to primary care physicians are quick to point out the sharp decline in the health of infected persons immediately following incarceration in a South Florida jail.

Michael Yow of Florida pled guilty to DUI involving serious bodily injury and was sentenced to a five-year prison term followed by ten years probation stemming from an accident occurring on September 3, 2004. Following his plea in the criminal courts, a personal injury case ensued whereby the Lakeland family he crashed into was awarded approximately $50 million in damages resulting from Yow’s negligent act of operating a vehicle while impaired by alcohol.

Mario Ladler II, the named victim in the DUI case was four years old at the time of the accident caused by Michael Yow. His frontal lobes were damaged in the accident when pieces of his skull were pushed into his brain. According to doctor’s testimony he is now living at the Florida Institute for Neurologic Rehabilitation in Wauchula, FL. It is Michael Yow’s plea of guilty in the State court that was the primary force in obtaining the award of $50 million against him without having to otherwise prove that he was at fault for causing the accident.

Often, criminal defense defendants do not consider the civil ramifications to entering into a plea in the State court. In the matter of DUI where a minimum mandatory requires adjudication, such pleas for leniency will almost always result in the commencing and success of a civil action against the defendant.