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momsforrights

DUI Charges

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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.

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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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