One of the most interesting aspects of Jim Leyritz’s DUI Manslaughter case is the blood alcohol content of both Leyritz and the victim, says Fort Lauderdale DUI Lawyer William Moore. The toxicology reports released early last month show that Veitch was also intoxicated – in fact, her blood alcohol content was possibly higher than Leyritz’s. Veitch’s BAC was 0.18, far over 0.08 percent, the level at which intoxication is presumed under Florida law. Blood samples taken from Leyritz some time after the crash – between two and a half and three and a half hours later – showed his BAC to be 0.14 and 0.13. The prosecution plans to present witnesses to testify that Leyritz was the one who ran the red light at 3:30 a.m. that morning. Broward DUI Lawyer William Moore says that the victim’s intoxication muddles the issue of fault, which will be to the advantage of the DUI defense team at trial.
According to Fort Lauderdale law enforcement officials, Leyritz drove through a red light and struck Veitch’s vehicle. Police officers who responded to the scene of the accident say that Leyritz performed poorly in roadside field sobriety tests and appeared red in the face. The police report also indicated that Leyritz smelled of alcohol. According to Fort Lauderdale DUI defense attorney William Moore Criminal Defense, these findings are consistent with typical law enforcement testimony in DUI cases. Leyritz refused to submit to a breath test or to provide a blood sample; however, law enforcement officials later acquired a blood sample from him despite his refusal. Veitch, who died from her injuries at a local hospital, was returning home from her job. She had two children at the time of her death.
DUI Manslaughter is a felony charge in Florida and can result in severe penalties. A defendant who is convicted of DUI Manslaughter can be sentenced to up to 15 years in a Florida state prison. The fine, exclusive of court costs, can be up to $5,000, which may be imposed in addition to up to five years of probation. To prove DUI Manslaughter, the government must show that the criminal defendant was either impaired by drugs – illegal or over the counter – or alcohol. This can be shown by a blood or breath alcohol test with a reading of at least 0.08 percent or other evidence related to the driver’s impairment. The impairment might be shown by police officers’ testimony regarding the driver’s level of functioning in field sobriety tests at the scene or by witnesses who saw the driver drinking heavily before getting behind the wheel. In Florida, blood samples are taken from drivers in suspected DUI Manslaughter and DUI Serious Bodily Injury cases.
Fort Lauderdale DUI attorney William Moore provides comprehensive DUI defense in south Florida. If you have been charged with a DUI, contact William Moore Criminal Defense, P.A., a Fort Lauderdale DUI lawyer with offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.
This article should be used for informational purposes only and should not be construed as legal advice nor as implied representation of any person.