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DUI Charges


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#1 momsforrights

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Posted 04 December 2012 - 09:50 AM

Is it considered double jeopardy to be charged with reckless driving AND DUI/Manslaughter.
I thought in the State of Florida it had to be one or the other.

#2 FindLaw_Amir

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Posted 04 December 2012 - 10:25 AM

To learn more about this subject matter, you may wish to visit the Criminal Law Center: Criminal Rights and read Double Jeopardy as a good resource. I also suggest you read the LawBrain: Double Jeopardy article. For further clarification on your specific matter, you may wish to consult with a local Florida Criminal Defense Lawyer.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#3 Tax_Counsel

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Posted 04 December 2012 - 05:03 PM

Is it considered double jeopardy to be charged with reckless driving AND DUI/Manslaughter.
I thought in the State of Florida it had to be one or the other.


No. But if the charges stem from the same incident, the court will likely instruct the jury that it may find the defendant guilty of one or the other offense but not both.

#4 Legal_Balla

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Posted 05 December 2012 - 07:32 AM

In state's that employ the Blockburger test for double jeopardy, I doubt very seriously that prosecution for reckless driving and DWI manslaughter is barred by the double jeopardy clause. In fact, before any double jeopardy claim could arise you would need to have been already prosecuted for one, or the other charge.




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