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McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

Appeal results in granting of new sentencing hearing

On Behalf of | Apr 21, 2020 | DUI

People facing criminal charges of any nature may at times feel as they have few rights, but it is important for them to remember that they do have rights and those include the right to pursue fair treatment in the criminal justice system. This is part of why courts have appeal processes, something defendants may be able to utilize when they need it. 

Appeal initiated in drunk driving manslaughter case 

Ocala.com recently reported on the case of a woman who pursued her appeal of a sentence related to a drunk driving incident from the spring of 2016. The incident involved her failing to navigate the road, resulting in a crash in which one of the three passengers in her vehicle lost their life. The driver was found to have a blood alcohol level exceeding the legal limit of 0.08% at the time. 

During her trial, the driver entered a plea of not guilty but was ultimately convicted of both a driving under influence charge with serious bodily injury and a DUI manslaughter charge. Her initial sentence was for 15 years in prison. 

Upon requesting that her sentence be reduced as she did not intend to cause harm, displayed remorse and noted that the people in her vehicle were riding of their own choice, she was denied initially. That led her to launch an appeal which has resulted in approval of a new sentencing hearing. The judge who heard the appeal matter agreed because it was deemed the first judge erroneously equated her exercise of her rights with a lack of remorse. 

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