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Deadly indifference: The heartbreak of hit-and-run crashes


1997 Fatalities and the Lives Left Behind
Florida Statistics | Driver's Guide FAQs | Home Page

 
A driver's guide
Patty Ryan of The Tampa Tribune
Originally published 4-18-99

Q. Legally, what's the worst-case scenario?

A. You drive drunk, cause a crash, kill somebody, flee but are caught in time to be proven drunk and charged with DUI manslaughter. By leaving, you incur an additional felony charge. It means even more time in prison.

Q. So why do people leave?

A. If you aren't caught early enough, authorities may have difficulty proving DUI manslaughter or even simple DUI.

You may, however, be charged with leaving the crash scene.

Q. Is that serious?

A. Leaving a fatal crash scene is a second-degree felony, like DUI manslaughter. By law, a second-degree felony could be punishable by up to 15 years in prison.

In practice, all second-degree felonies are not equal.

Judges use score cards, and a score of 44 points or higher usually requires a prison term. Leaving a fatal crash scene counts for 36 points. With a clean record and no other charges, you probably won't go to prison. DUI manslaughter counts for 74 points.

Q. What if I'm drunk and I stay?

A. If the crash wasn't your fault - maybe a drunk pedestrian stepped into the roadway - you may escape with a simple DUI charge.

``I'd take a DUI over leaving the scene of a death,'' says Tampa attorney Ty Trayner, a former prosecutor who now defends traffic cases.

Simple DUI is a misdemeanor. Remember the score card? DUI counts less than one point, unless it's your fourth arrest.

Q. Then what?

A. You lose your driver's license for good. Plus a fourth DUI is a felony, good for 36 points.

Q. And if it's my first DUI?

A. Expect a $250 to $500 fine, counseling and community service hours, plus attorney and other fees. For second and third DUIs, the penalties go as high as $2,500 and 12 months in jail.

Q. Can I refuse a blood alcohol or breath test?

A. Yes, but driving privileges may be suspended for one year if it's a first offense or 18 months if it's happened before.

Q. Can police take a specimen even if I refuse?

A. If someone is injured or killed in an accident, police may force you to submit to a blood test.

Q. When am I considered drunk?

A. The law says you're impaired if your blood alcohol is .08 or higher. People metabolize alcohol at different rates. But someone who weighs 154 pounds could reach the limit with three beers over a few hours.

It pays to remember: You share the road with drunk pedestrians and motorists. Your ability to react could save both of you.

Q. Attorney Trayner's best advice?

A. If you drink, don't drive.