dui accident attorney

Florida’s 4th District Court of Appeal has upheld the ruling of an administrative law judge in the case of John Goodman, the polo magnate convicted of DUI manslaughter in the death of 23-year-old Scott Patrick Wilson in 2010.

Goodman was originally convicted in 2012 and again at retrial in 2014. On appeal, Goodman’s defense attorney argued that the blood-alcohol test taken after the accident should not have been used against him. An administrative law judge thought otherwise, and the 4th DCA affirmed in Goodman v. Florida Department of Law Enforcement.

The crux of the argument centered on the viability of Florida’s alcohol blood testing methods. But the justices plainly stated that, “Any attempt by the FDLE to regulate for every possible contingency that may arise in the collection or testing processes would swiftly devolve into a hopeless endeavor and serve only to expand the department’s regulations to epic lengths.” Continue reading

A Weston man recently pleaded guilty to killing a pedestrian last year while driving drunk. Bryce Samartino, 23, pleaded guilty to DUI manslaughter in the death of 66-year-old Elourdes Ostange, a mother of 10.

In exchange for entering a plea, as opposed to taking his case to trial, he was given the minimum mandatory sentence of four years in prison. An attorney representing the victim’s family said her survivors expressed their wishes for leniency to prosecutors because this was “a tragedy for everyone involved.”

Although four years is still a substantial amount of time, per F.S. 316.193, the charge of DUI manslaughter carries a maximum 15-year prison sentence – which means the outcome could have been much worse for the defendant. The case is an example of how the express wishes of the victims, as well as other mitigating factors, can play a role in sentencing. This is true whether you choose to enter a plea deal or take your Broward criminal case to trial. Continue reading

Articles Tagged with dui accident attorney

Goodman v. FDLE – 4th DCA Unswayed by Defense BAC Argument

Broward DUI Manslaughter Conviction: 4 Years Prison