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Old 06-17-2009, 01:27 PM   #28
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Default Re: Dante Stallworth gets THIRTY days in prison.

In CA there is felony vehicular manslaughter and misdemeanor vehicular manslaughter.(DUI manslaughter is sort of a misnomer, at least in CA) It all depends on the level of negligence and intoxication. If you are DUI it automatically starts in felony land. Then you would have to analyze how good your DUI charges are. I'm just guessing, but I bet it was a pretty weak charge. Maybe not because Stallworth wasn't under the influence but in a typical DUI stop, blood tests are at least an hour removed from the actual stop. In this cause i would think they are even further removed. The further you get away from driving and blood test the more speculative the result becomes. I don't know FL law and if they have the same structure for manslaughter as we do. In CA, the killing has to be the proximate result of the DUI/speed. Basically if he wasn't speeding or DUI would the guy still be dead. I'm not sure that's the case here. The guy ran out in the road out of a cross walk. Look at it this way, say Stallworth was .35 driving the speed limit and following all traffic laws; guy runs out in front of him and he kills the guy. What does the DUI have to do with the guy being dead? Thats what the DA has to analyze.

In my experience 30 days in not uncommon at all on a misdemeanor manslaughter.
You have to also remember that just because he had a .12 when he was tested doesn't mean they could have pinned a .12 on him at the time of driving. There are people very day beating .12 DUIs for a myriad of reasons. We'll never really know the strength or weakness of the case.
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